Recently, some Chinese manufacturers exporting products to the United States turned to REACH24H for help, troubled by the failure of customs clearance without a TSCA certification statement. To address such pressing issues, REACH24H experts provided tailored consulting services to these companies and helped them clear the customs in a timely manner.

Under Section 13 of the Toxic Substances Control Act (TSCA), chemical substances, mixtures, or articles not in compliance with TSCA, or whose importation is not in compliance with TSCA, must be denied entry into the customs territory of the United States. There are three different situations concerning TSCA certification statement.

A positive certification statement is required for chemical substances subject to TSCA. The importer must certify by a statement on the entry document or invoice that any shipment of a chemical substance subject to TSCA, complies with TSCA, and that it is not offered for entry in violation of TSCA or rules or orders under TSCA.

A negative certification is required for the following, which are not subject to TSCA:

• Any pesticide
• Any food, food additive, drug, cosmetic or device
• Source material, special nuclear material, or by-product material
• Firearms and ammunitions

No certification is required for the following:

• Chemicals that are a part of articles
• Tobacco or any tobacco product

The U.S. Customs and Border Protection (CBP) may detain or refuse entry of shipments if certification is not made or if the shipment is believed not to be in compliance with TSCA.

REACH24H suggests that companies exporting goods to the United States cooperate with U.S. importers to provide a positive or negative certification statement if necessary. TSCA compliance is always a prerequisite for the trade of chemicals to the U.S. Please check if your shipment is subject to and complies with TSCA. If so, a positive certification statement is truly the passport that facilitates your entry into the U.S. market.

Author

Peyton Zhou

Chemical Regulatory Specialist

REACH24H Consulting Group

If you have any further questions, please contact us: customer@reach24h.com