INTERNATIONAL TRADE LAW
How to Import Chemicals into the U.S. (TSCA)
Importing a chemical into the United States requires a TSCA Section 13 certification filed with Customs at entry — a positive certification that the substance complies with the Toxic Substances Control Act, or a negative certification that it falls outside TSCA’s scope. The Environmental Protection Agency administers TSCA, and Customs and Border Protection enforces the certification at the border. A chemical that is not on the TSCA Inventory and not exempt generally cannot be imported until EPA review is complete.
The TSCA Section 13 Certification
Every importer of a chemical substance, mixture, or article containing a chemical must certify its TSCA status at entry. There are two certifications, and you pick the one that fits the shipment.
| Certification | Statement | When it applies |
|---|---|---|
| Positive | The shipment complies with TSCA | Substance is subject to and compliant with TSCA |
| Negative | The shipment is not subject to TSCA | Substance is regulated under another statute (e.g., a pesticide, food, drug, or cosmetic) |
The certification is signed and filed electronically (or in writing) with CBP by the importer or an authorized agent. CBP will refuse entry until the certification is properly submitted, and it can detain a shipment if there are reasonable grounds to believe the import would violate TSCA. Decide which certification applies before the goods ship — a wrong or missing certification stops the entry.
Is the Chemical on the TSCA Inventory?
A positive certification depends on the substance being an “existing” chemical — one already on the TSCA Inventory — or otherwise authorized. If the chemical is new to U.S. commerce (not on the Inventory and not exempt), the manufacturer or importer must file a Premanufacture Notice (PMN) under TSCA Section 5 and let EPA complete its review before importing. EPA may also have issued a Significant New Use Rule (SNUR) for an existing chemical, which can require a separate notice before a new use. Confirm the Inventory status of every substance up front; this is where chemical imports most often go wrong.
What Falls Outside TSCA
TSCA does not cover everything. Substances regulated under other federal statutes are excluded, which is what the negative certification documents. The main carve-outs are pesticides (regulated by EPA under FIFRA), and foods, food additives, drugs, cosmetics, and medical devices (regulated by FDA under the Food, Drug, and Cosmetic Act). For an FDA-regulated example, compare importing food products. Filing a negative certification for a product that is actually a TSCA chemical — or a positive one for a pesticide — both create problems, so match the certification to the correct statute.
Don’t Overlook Transport and Hazard Communication
TSCA is the entry gate, but two other regimes apply once a chemical is in the U.S. OSHA’s Hazard Communication Standard (aligned with the Globally Harmonized System) requires safety data sheets and GHS-style labels — pictograms, signal words, and hazard statements — for hazardous chemicals in the workplace. And the Department of Transportation’s hazardous materials rules govern how the chemical is packaged and shipped. Classifying a chemical correctly for customs is its own step; see classifying chemicals and hazardous materials for import.
Frequently Asked Questions
What is a TSCA Section 13 certification? It is a statement filed with CBP at entry certifying that an imported chemical either complies with TSCA (positive) or is not subject to TSCA because another statute governs it (negative). CBP refuses entry without it.
What if my chemical is not on the TSCA Inventory? If the substance is new and not exempt, the importer or manufacturer must file a Premanufacture Notice under TSCA Section 5 and wait for EPA to finish its review before importing.
Which chemicals get a negative certification? Substances regulated under other laws — pesticides under FIFRA, and foods, drugs, cosmetics, and devices under the FD&C Act — are outside TSCA and take a negative certification.
Does TSCA cover labeling and shipping too? Not directly. Workplace labeling and safety data sheets come from OSHA’s Hazard Communication Standard, and packaging and transport come from DOT’s hazardous materials rules. TSCA governs whether the chemical can enter.
Importing chemicals? Reidel Law Firm prepares flat-fee import/export compliance memos and advises importers on TSCA certification and customs compliance with direct attorney access. Get an import compliance memo →
