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TSCA Certifications No Longer Required Prior to Entry Under Expedited Release Programmes

CBP has announced a policy change designed to ease requirements for imports of chemicals under expedited release programmes. When a chemical substance regulated under the Toxic Substances Control Act is imported in bulk form or as part of a mixture, or a non-TSCA chemical is imported, an importer or broker must submit a signed certification stating that either (i) all chemical substances in the shipment comply with all applicable rules or orders under TSCA and the importer is not offering a chemical substance for entry in violation of TSCA or any rule or order thereunder (a positive certification), or (ii) all chemicals in the shipment are not subject to TSCA (a negative certification).

Effective 21 March CBP amended its regulations to, among other things, establish an electronic option for filing such certifications, require the submission of additional information relating to the certifying individual and eliminate the paper-based blanket certification process. However, CBP subsequently reiterated that the requirement to submit TSCA certifications prior to cargo release remained intact for imports under CBP’s expedited release programmes (e.g., Fast and Secure Trade, Border Release Advanced Screening and Selectivity, Line Release, and express consignment consolidated informal entries released off the manifest). CBP said this requirement could be met by uploading certifications and certifier information through the Document Image System associated to the bill of lading or in paper format.

However, CBP now states that from a technical perspective it recognises the difficulties for shipments that make entry through expedited release programmes to submit TSCA certifications prior to entry. As a result, for these shipments only CBP will not require the submission of TSCA certifications prior to entry but instead will permit the importer and carrier to have the certification documentation available for submission upon request by a CBP officer. Filers will then be required to submit the certification documentation for each shipment at the time of entry summary filing.

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