Environmental Protection Agency
If you are first time EPA importer, you must visit EPA website at http://www.epa.gov to see what's requirements on importation of your products.
If you are importing any chemicals, you should contact the TSCA (Toxic Substances Control Act) Hotline at 202-554-1404 regarding specific legal questions before the contract is settled.
You may call Mr. Erica J. Bectorell of EPA Western Region Office in San Francisco at Tel: 415-744-1127 or Fax # 415-744-1076 for more details.
If you import pesticides or devices, automobiles, non-road engines, chemicals, ... EPA will control your shipments.
NOTE: Failure to certify accurately, can bring enforcement action and civil penalties up to $25,000 per day, per violation.
Customs regulations: 19 CFR Part 12.112, require an importer desiring to import pesticides or devices into United States to submit EPA form 3540-1, "Notice of Arrival of Pesticides and Devices", to the U. S. Environmental Protection Agency PRIOR to the arrival of the shipment in the United States.
You MUST have EPA Registration Number for your product to be filed in the EPA Form 3540-1.
You must attach EPA form 3540-1 with your import documents faxed together to Pacific Century Customs Service, Inc @ 310-670-2831 for Customs clearance.
Importers of chemicals are subject to the same requirements as manufacturers of chemicals under the Toxic Substances Control Act (TSCA).
Certain chemical substances are exempt from TSCA, including drugs, cosmetics, tobacco, unclear materials, munitions, food additives, and substances used solely as pesticides. If the chemical substances you are importing is exempt, you must include a "negative certification" stating that the shipment is not subject to TSCA. This certification should be on or attached to the shipment invoice and presented at the port of entry. Certain "articles" which are already in final form and not subject to further processing may also be exempt.
If chemical you are importing is NOT exempt, then your requirements under TSCA depend on whether the chemical is already included on EPA's TSCA Inventory or whether it is a new chemical.
There are over 70,000 chemicals listed on EPA's TSCA Chemical Inventory. To determine whether the chemical you are importing is on the Inventory, first obtain the chemical's CAS #(Chemical Abstract Service #). If you do not have the CAS # contact your manufacturer. They are supposed to supply you with a Material Safety Data Sheet (MSDS) which should have this information; or you can obtain it for a fee by calling 800-631-1884.
Once you have the CAS #, you can check to see if it is on the inventory in the following ways:
- Check the TSCA Inventory (public portion), which is available at most large public libraries (Pub. # EPA-560/7-85-002a), or can be purchased on CD-Rom.
- Check the CORR list (Chemical On Reporting Rules) on the internet at www.epa.gov/docs/CORR/.
If the chemical you are importing appears on the Inventory, you must include a "Positive certification" including that the shipment conforms with all applicable TSCA requirements. Again, this certification should be on or attached the shipment invoice and presented at the Port of Los Angeles.
If the chemical you are importing is not listed on the Inventory, it may be a new chemical and you should call the TSCA Hotline at 202-554-1404 for information on how to determine if the chemical is on the confidential portion of the TSCA Inventory and what further steps you need to take.