TSCA certification explained for importers and courier shipments
TSCA certification is the importer's positive or negative statement to US Customs that a chemical shipment complies with TSCA or is not subject to it.
TSCA certification for imports
TSCA certification is a statement the US importer, or its authorised agent, files with US Customs and Border Protection (CBP) before a chemical shipment is released. It says either that the chemicals comply with all applicable rules or orders under the Toxic Substances Control Act (positive certification) or that they are not subject to TSCA at all (negative certification). The rules sit in 19 CFR part 12, and EPA explains them on its importing chemicals page.
A TSCA certificate is not an EPA approval of your product. An Inventory listing establishes that a chemical is existing, not that every import or use complies.
Positive, negative or no certification
Which statement you need depends on what is in the box and how it will be used. 19 CFR 12.121 sets out these categories:
| Shipment | What to file |
|---|---|
| TSCA chemical in bulk or in a mixture | Positive certification |
| TSCA-excluded chemical, not clearly identified as excluded | Negative certification |
| TSCA-excluded chemical, clearly identified as excluded | No TSCA statement |
| Chemical that is part of an article | Only if a TSCA rule or order requires it |
The exclusions cover foods, food additives, drugs, cosmetics, devices and pesticides, but they depend on use. The TSCA definition of chemical substance excludes these only when the substance is manufactured, processed or distributed for that use. So a solvent that could go into a cosmetic is still a TSCA chemical if you import it for an industrial coating.
FDA entry documents or a pesticide Notice of Arrival can show that the excluded use is clearly identified, as CBP explained in its 2016 final rule. In that case you don't add a negative statement. And being outside TSCA tells you nothing about whether FDA or EPA pesticide rules are met.
A negative certification is also no fallback when you don't know a chemical's TSCA status. Under 19 CFR 12.121, it only means the chemicals are outside TSCA, not that they are non-hazardous, low volume or duty free.
The exact TSCA statement wording
Copy the positive certification exactly as it appears in the current regulation, 19 CFR 12.121:
"I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder."
The negative certification comes from the same section. Copy it in full:
"I certify that all chemicals in this shipment are not subject to TSCA."
How to complete and file the TSCA certification form
There is no single government form. The regulation sets the statement and who files it, then gives you two ways to file.
- Decide who certifies. It must be the importer or its authorised agent. A UK exporter is not the certifier just because it ships the goods.
- Give the certifier's name, telephone number and email address for the entry, as 19 CFR 12.121(a)(3) requires.
- File electronically through ACE or another CBP-authorised electronic data interchange (EDI) system. Or type or stamp the statement on the entry document, the commercial invoice or an attachment, subject to the immediate-delivery and entry provisions in 19 CFR 12.121.
- Sign the statement. EPA says it must be signed. On a written filing, 19 CFR 12.121 allows an authorised facsimile signature.
- File before the shipment is released.
Paper is still allowed. What went away is the old paper blanket certification, which CBP removed in its 2016 rule. Don't plan on one annual blanket certificate covering every shipment.
What you vouch for with a positive statement
EPA expects the certification normally to rest on what the importer actually knows, according to its policy at 40 CFR 707.20. If you don't know what is in a mixture, ask your principal or the foreign manufacturer. For UK suppliers this is the practical part: send the US importer the chemical identities, composition, intended use and relevant compliance evidence before the broker files.
Before signing, check these requirements in EPA's import guidance. Listing alone does not make a positive statement true:
- Inventory status. A listing means the chemical is existing, not new. It doesn't approve every import or use.
- New chemical requirements or exemptions, if the chemical is not listed.
- Significant new use rules (SNURs) and section 5 orders.
- Section 6 rules and other applicable controls, which can restrict use or import volume or add labelling or SDS requirements (EPA).
The public Inventory omits confidential specific identities and is less current than EPA's Master Inventory File, so a failed public search doesn't settle the question (EPA Inventory page). A supplier SDS that says "TSCA listed" doesn't prove full compliance either (EPA import guidance).
Signing the border statement does not discharge section 4 or section 8 duties. Under 40 CFR 707.20, testing and reporting obligations can still apply to you as the importer, separate from each shipment.
The FedEx TSCA form question
If you need a FedEx TSCA form, first establish which certification your shipment requires. EPA says certification applies to chemicals received by mail or commercial carrier, R&D chemicals included. A small courier parcel is not automatically exempt.
19 CFR 12.121 prescribes the statement and filing routes, not a carrier-branded form. You can file electronically or use the permitted invoice, entry document or attachment. Confirm the carrier's paperwork requirements with its broker before shipping. Don't assume a statement on the invoice replaces its requested form.
Articles and the composite wood exception
Under 19 CFR 12.120 to 12.121, chemicals in articles need certification only when a TSCA rule or order requires it. That doesn't exempt the article from TSCA's other controls. Fluids and particles are not articles under the customs definition, whatever their shape or design. A chemical in a bottle is still a chemical.
One notable exception: since 22 March 2019, regulated composite wood articles, and articles containing them, fall under the import certification framework in 40 CFR 770.30(d). The Title VI product standards, testing, third-party certification, and labels are separate from the border statement. Not every wood product is in scope, so check the exclusions in part 770 for your goods.
You can see how RegAffairs AI answers the TSCA certification question.