Q.01

What does TSCA compliance require for chemical importers?

Under TSCA an importer counts as a "manufacturer." EPA's import policy says importers "are responsible for insuring that chemical importation complies with TSCA just as domestic manufacturers are responsible for insuring that chemical manufacture complies with TSCA" (40 CFR 707.20(b)(1)). In practice that means certifying every chemical shipment at entry, checking each substance against the TSCA Inventory and any new-chemical or significant new use rules, following section 6 rules, and handling the reporting duties that fall on manufacturers.

1. Section 13 import certification (at the border)

  • Positive certification. For a TSCA chemical "in bulk form or as part of a mixture," the importer or its authorized agent "must certify": "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." (19 CFR 12.121(a)(1))
  • Negative certification. For a TSCA-excluded chemical "not clearly identified as such," the statement is "I certify that all chemicals in this shipment are not subject to TSCA." (12.121(a)(2)). EPA gives pesticides and FDA-regulated products (food, drugs, cosmetics, devices) as examples (EPA importer page).
  • How to file. The certification goes in writing or electronically to ACE (or another CBP-authorized EDI system) "prior to release of the shipment." Each entry "shall" include the certifier's name, phone number and email address (12.121(a)(3)(i)).
  • Articles. Chemicals that are part of an article need certification "only if required to do so by a rule or order issued under TSCA" (12.121(b)).
  • What the certification covers. It applies to TSCA sections 5, 6 and 7 (707.20(c)(1)(ii)). EPA's page also lists Title IV rules. Duties under sections 4 and 8 are separate and are not part of the shipment certification (707.20(a)(2)).
  • Enforcement. CBP "will refuse entry" until a proper certification is filed, and will detain shipments it suspects violate TSCA. A violating shipment must be brought into compliance, exported, destroyed or abandoned within the periods set in 19 CFR 12.124 (707.20(c)(2)(i)).
  • Due diligence. If you don't know what's in a mixture, you should ask your principal or the foreign manufacturer. Documented good-faith efforts "may obviate or mitigate" civil penalties under section 16 (707.20(c)(1)(iii)).

2. New chemicals and significant new uses (section 5)

  • New chemicals. Anyone who "intends to import a new chemical substance... for commercial purposes must submit a notice," unless the substance is excluded under 720.30 or imported as part of an article. In a multi-party transaction, the principal importer files (40 CFR 720.22(b)). Only companies incorporated, licensed or doing business in the US may submit (720.22(a)(3)).
  • Significant new uses. SNURs require notice to EPA at least 90 days before starting a designated significant new use. Importers are tied in through section 13 certification [1]. EPA's importer page adds that importers must observe section 5(e) orders and SNUR conditions such as use limits, labelling/SDS requirements and volume limits (EPA).
  • Articles and impurities. Some SNURs switch off the article exemption, so article importers must notify too. EPA has generally done this without also requiring import certification for articles [2]. A substance that is only "unintentionally present" as an impurity is exempt under 40 CFR 721.45(d) [3].

3. Reporting under section 8 (not part of the shipment certification)

  • Chemical Data Reporting (CDR). You must report if you imported 25,000 lb (11,340 kg) or more of a reportable substance at any single site in any calendar year since the last principal reporting year. The threshold drops to 2,500 lb (1,134 kg) for substances subject to section 5(a)(2), 5(b)(4) or 6 rules, or to section 4, 5(e) or 5(f) orders (40 CFR 711.8). The next submission period runs June 1 to September 30, 2028, then every 4 years (711.20).
  • PFAS reporting (40 CFR 705). "Manufacture" includes import into the US customs territory [4]. Importers of articles containing PFAS have "the option" of a streamlined form covering each year since January 1, 2011 [5].
    • Most reporters: the submission period begins January 31, 2027 (or 60 days after a date EPA will announce in the Federal Register, if earlier) and lasts 6 months.
    • Small manufacturers reporting only as article importers: the period starts on the same date and lasts 12 months (705.20, as amended 91 FR 18789, Apr. 13, 2026).
    • Records must be kept for 5 years from the end of the submission period [6].

4. Section 6 rules and Title VI

  • Positive certification also confirms compliance with section 6 rules; EPA's examples are PCBs, mercury and asbestos.
  • Since March 22, 2019, importers of composite wood products have had to keep bills of lading, invoices or supplier statements showing Title VI compliance for 3 years, and provide supplier and production details within 30 days if EPA asks (EPA).

5. Re-export. Anyone exporting a SNUR substance is subject to section 12(b) export notification under 40 CFR part 707, subpart D [1].

Approach: I used EPA's SNUR rulemakings and the 40 CFR 705 PFAS rule in the datasets, plus the official eCFR texts of 19 CFR 12.121 and 40 CFR 707.20, 711.8, 711.20, 720.22 and 705.20, and EPA's importer guidance page. The CBP rules on detention and refusal (19 CFR 12.122-12.127) and the section 6 rules for individual chemicals were not opened.

If you share the CAS numbers you import, I can check each one against the TSCA Inventory, SNURs, new-chemical cases and CDR data.

Q.02

Which chemical reporting rules apply?

Seven TSCA reporting regimes reach importers, because each defines "manufacture" to include import. Chemical Data Reporting (CDR) applies once you pass a volume threshold. The PFAS reporting rule applies if you imported PFAS between 2011 and 2022. Section 8(c) record-keeping and section 8(e) substantial-risk notices apply generally. Mercury reporting applies if you import mercury. Two more, preliminary assessment reporting and health and safety study reporting, apply only to substances EPA has listed. Section 12(b) export notices come in only if you re-export.

RuleWho it catches among importersThreshold / triggerTiming and records
CDR, 40 CFR 711 (section 8(a))Importers of reportable substances25,000 lb (11,340 kg) or more at one site in any calendar year since the last principal reporting year. For substances under section 5(a)(2), 5(b)(4) or 6 rules, or section 4, 5(e) or 5(f) orders, the threshold is 2,500 lb (1,134 kg) (711.8)Next window June 1 to September 30, 2028, then every 4 years (711.20)
PFAS, 40 CFR 705 (section 8(a)(7))Anyone who manufactured a listed PFAS "for commercial purposes... from January 1, 2011, through the end of the last calendar year prior to November 13, 2023" [7]. "Manufacture" includes import [4]No volume threshold in the provisions reviewed. Article importers are covered under 705.18(a)Window opens January 31, 2027 (or 60 days after a date EPA will announce, if earlier) and runs 6 months [8]. It runs 12 months for small manufacturers reporting only as article importers [9]. Keep records for 5 years [6]
Section 8(e) substantial risk"Manufacturers (including importers), processors, and distributors" (EPA)Information that "reasonably supports the conclusion" of substantial risk to health or the environmentReport within 30 calendar days of obtaining the information
Section 8(c), 40 CFR 717 (adverse reactions)"All manufacturers," and "manufacture" means "to import, produce, or manufacture" (717.3, 717.5)Written or oral allegations of significant adverse reactionsKeep employee-health allegations 30 years and all others 5 years. Submit only when EPA asks, with at least 45 days' notice
Mercury, 40 CFR 713"Any person who manufactures (including imports) mercury," and also manufacturers of mercury-added products (713.7)Mercury activity in the reporting yearReporting years are 2018, then every 3 years from 2021. Reports are due by July 1 after the reporting year. Keep records 3 years (713.17, 713.19) (part 713)
Preliminary assessment, 40 CFR 712Persons who "imported in bulk form" a substance listed in 712.30 (712.20(b))Only when EPA lists the substanceReporting period set in the listing
Health and safety studies, 40 CFR 716 (section 8(d))Importers in NAICS 325 (chemical manufacturing) or 32411 (petroleum refineries) that imported a listed substance in the 10 years before its listing, are importing it now, or propose to (716.5)Only substances in 716.120. Other importers only if a specific section 8(d) rule says soSet by the listing rule
Export notice, 40 CFR 707 subpart D (section 12(b))Anyone exporting a substance subject to section 4 or 5(b) data requirements, a section 5 order, a section 5 or 6 rule, or a pending section 5 or 7 action (707.60)Not needed below 1% (0.1% for known or potential carcinogens, 50 ppm for PCBs), or for articles other than PCB articlesWithin 7 days of forming the intent to export or on the export date, whichever is earlier (707.65)

CDR exemptions that matter for importers

  • Articles. A substance imported "as part of an article" is exempt (711.10(b)). The PFAS rule has no such exemption: article importers report under it.
  • R&D. Substances imported "solely in small quantities for research and development" are exempt (711.10(a)).
  • Small manufacturers. They are exempt (711.9), except for substances subject to section 4, 5(b)(4) or 6 rules, section 4 or 5(e) orders, or relief under sections 5 or 7.
  • Excluded substances. Polymers, microorganisms, naturally occurring substances, water and natural gas are fully exempt; listed petroleum streams and specific substances (vitamins, oils, fatty acids, etc.) are partially exempt. These exemptions are lost if the substance is subject to a TSCA rule, consent agreement or order (711.6).

PFAS rule exclusions. It does not apply to imports of municipal solid waste for disposal or destruction, or to non-commercial imports by federal agencies [10].

Section 8(e) exclusions. EPA's guidance says information already reported to federal or state authorities through certain programs need not be reported again. Its examples are CERCLA or RCRA remediation, NPDES permits, DOT pipeline release reports, underground storage tank programs, and state emergency response reports to the National Response Center (EPA 8(e) FAQ).

Approach: I used the current 40 CFR 705 PFAS rule text in the datasets, and the official eCFR texts of 40 CFR 707 subpart D, 711, 712, 713, 716 and 717 plus EPA's section 8 guidance pages. I didn't check reporting outside TSCA, such as EPCRA Toxics Release Inventory reporting, or which substances are currently listed under 712.30 and 716.120.

If you send your CAS numbers and annual import volumes, I can check them against the TSCA Inventory and the 2024 CDR data to see which thresholds and listings apply to you.

Q.03

How do significant new use rules affect imports?

Because TSCA counts importing as "manufacture," a significant new use rule (SNUR) binds an importer the same way it binds a US producer. You must notify EPA at least 90 days before importing a listed substance for a designated significant new use. You may not import for that use until EPA has reviewed the notice and acted on it. Every bulk or mixture shipment of a SNUR substance must also be covered by a TSCA section 13 import certification confirming the shipment complies with the SNUR.

1. Notice before importing (SNUN)

  • EPA's rules describe the requirement as notice "at least 90 days before commencing manufacture (defined by statute to include import) or processing" for a designated significant new use [11].
  • Persons must "not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions" [12].
  • In the codified text, 40 CFR 721.25(a) requires the notice "at least 90 calendar days before commencing manufacture or processing." Under 721.25(d) a submitter "shall not manufacture or process" for the significant new use until EPA has issued a determination. SNUN records "must be maintained for a period of 5 years from the date of the submission" (721.40) (eCFR 40 CFR 721 subpart A).

2. Import certification at the border

  • EPA says importers of SNUR chemicals "must certify their compliance with the SNUR requirements." This is done through the section 13 rules at 19 CFR 12.118-12.127 and 127.28, and EPA's policy at 40 CFR 707 subpart B [11].
  • Recent SNURs spell out the scope. Importers of substances "in bulk form, as part of a mixture, or as part of an article (if required by rule)" must certify compliance with all TSCA rules and orders, "including regulations issued under TSCA sections 5, 6, 7 and Title IV" [1].
  • 40 CFR 721.20 links SNUR importers to these section 13 certification rules (eCFR).

3. Articles: exempt unless the SNUR removes the exemption

  • The default. 721.45(f) exempts a person who "imports or processes the substance as part of an article" (eCFR).
  • When EPA removes it. Individual SNURs can make 721.45(f) inapplicable, and article importers then need a SNUN too. Examples:
    • Benzidine-based dyes. The amendment requires notice "at least 90 days before commencing processing or importing as part of an article" [13].
    • Asbestos. For the designated significant new uses, no one may import asbestos "including as part of an article" without first filing a SNUN [14].
    • Long-chain PFAS. Importers of carpets containing the listed perfluoroalkyl sulfonates are covered, and so are importers of LCPFAC chemicals and PFOA or its salts "as part of a surface coating of an article" [15].
  • No certification for article SNURs so far. EPA has generally removed the article exemption without also requiring import certification or export notification for those articles. It has "not ruled out" adding them later [2].
    • EPA stresses that "declining to subject importers to one notice requirement (section 13 import certification) does not render another notice requirement (section 5 SNUN submission) unenforceable."
    • The importer remains "responsible for insuring that chemical importation complies with TSCA" [2].
  • Impurities. A substance imported "only as an impurity" is exempt under 721.45(d) (eCFR).

4. Imports already under way when a SNUR is proposed

  • The cut-off date. A use counts as ongoing (not new) only if it was taking place on the date the proposed rule was published. EPA's aim is that no one "could not defeat a SNUR by initiating a significant new use before the effective date of the final rule" [16].
  • Starting after the proposal. Anyone who begins importing for the use after the proposal "would have to cease any such activity upon the effective date of the final rule." They can resume only after meeting the notification requirements [17].
  • Why this matters. EPA generally treats a use as "new" when it is "not ongoing when the proposed SNUR is published" [18]. Telling EPA about an existing import use during the comment period is therefore what keeps it outside the SNUR.

5. Other SNUR provisions that matter to importers

  • Distributors. Distributors can avoid filing if they document that their customers have been told about the rule, already know about it, or cannot carry out the significant new use. If a distributor later learns a customer is using the substance for a significant new use without filing, it must stop supplying that customer, and either file a SNUN or document the customer's assurances and notify EPA within 15 working days (721.5) (eCFR).
  • Confidential identities. When the substance's identity is claimed confidential, an importer with a bona fide intent can ask EPA whether the SNUR applies. EPA answers within 30 days of a complete submission (721.11).
  • R&D. Importing small quantities solely for research and development is exempt, subject to the conditions in 721.47 (worker notification, supervision by a technically qualified person, records).
  • Re-export. Exporting a SNUR substance triggers section 12(b) export notification under 40 CFR 707 subpart D (721.20) [11].

Approach: I searched EPA's SNUR rulemakings in the Federal Register and read the official eCFR text of 40 CFR 721 subpart A. I did not check individual substances against specific subpart E SNUR entries.

If you send your CAS numbers or PMN numbers, I can check which SNURs cover them and whether any removes the article exemption.

Q.04