TSCA Import Certification: 24 Checks Before U.S. Entry

Nov 05, 2026 Views: 1

What Is a TSCA Import Certification?

TSCA stands for the Toxic Substances Control Act. Section 13 of this U.S. law sets the rules for chemical imports. The U.S. Environmental Protection Agency (EPA) explains these rules on its import page ("TSCA Requirements").

A TSCA import certification is a signed statement about the chemicals in a shipment. The importer, or an agent with the importer's approval, files it with U.S. Customs and Border Protection (CBP) ("TSCA Requirements").

The rule covers chemical substances, mixtures, and some articles that contain them. Shipments by mail or courier and research samples also need it. Under TSCA, the word "manufacture" includes import. So the rules for new chemicals apply to importers too ("TSCA Requirements").

Positive vs. Negative Certification

Every TSCA certification takes one of two forms. The table below compares them.

Point	Positive certification	Negative certification
What it says	The chemicals are subject to TSCA and meet all its rules and orders	The chemicals are not subject to TSCA
Typical goods	Chemical substances and mixtures under TSCA	Pesticides, foods, drugs, cosmetics, devices, nuclear material, firearms, and ammunition (when not clearly identified)
Yearly volume (CBP estimate)	About 2.5 million	About 230,000

These yearly figures come from a 2016 CBP final rule in the Federal Register. They show that positive filings are about 11 times more common (United States, Dept. of Homeland Security 94981).

Some goods need no certification at all, such as tobacco products. Chemicals that are part of an article also need none, unless a TSCA rule says otherwise ("TSCA Requirements"). A chemical counts as part of an article when it is not meant to come out of the item and has no separate use (United States, Dept. of Homeland Security 94982).

The 24 Checks Before U.S. Entry

Each check below is a yes-or-no question. CBP can hold a shipment when a required certification is missing (United States, Dept. of Homeland Security 94982).

Part 1: The Product

Is the item a chemical substance, a mixture, or an article?
Is the chemical only part of an article?
Does a TSCA rule still require a filing for that article?
Is the item a tobacco product?
Is the item a pesticide, food, food additive, drug, cosmetic, or device?
Is the item nuclear material, a firearm, or ammunition?

A "yes" to check 5 or 6 means a negative filing, unless other agency papers already identify the product. A pesticide Notice of Arrival or FDA entry papers are examples ("TSCA Requirements").

Part 2: TSCA Rules

Is the chemical new? A new chemical needs a premanufacture notice at least 90 days before import ("TSCA Requirements").
Does a significant new use rule (SNUR) apply?
Does a section 5(e) order apply?
Is the planned use banned by that order or rule?
Does the volume stay under any import limit?
Do the labels and Safety Data Sheets meet the order?
Does a section 6 rule apply, as for PCBs, mercury, or asbestos?
Do section 5(f) rules, section 7 court actions, or Title IV rules apply?

Part 3: Special Cases

Does the cargo include composite wood, such as plywood or MDF, or goods made with it?
Does the importer keep supplier compliance statements for three years?
Can the importer send these records to EPA within 30 days ("TSCA Requirements")?
Is the shipment low in value? A low value does not change the TSCA data rules (United States, Dept. of Homeland Security 94983).

Part 4: The Filing

Does the chosen statement fit every chemical in the shipment?
Does the importer or an authorized agent sign it?
Does the filing list the certifier's name, phone number, and email?
Does the filer submit it in ACE before the cargo is released?
For a paper filing, is the statement typed or stamped on the entry document, the invoice, or an attachment?
Is the importer counting on an old blanket certification? CBP ended that process (United States, Dept. of Homeland Security 94981).

How Efan Can Help

Both statements cover all chemicals in a shipment. So a mixed shipment needs a check on every product inside it. This point matters when Efan's China warehouse and consolidation service combines goods from several suppliers into one shipment.

The TSCA statement is only one part of the entry. Efan's guide to customs clearance from China to the USA explains the other documents and common delays. Efan's customs clearance service can also help check HS codes before shipment. Its FAQ lists missing compliance certificates as one cause of customs holds ("Customs Clearance Services").

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