TSCA Compliance for Importers: A Practical Guide to the Toxic Substances Control Act

U.S. import regulations are notoriously complex, particularly when they involve chemical substances. If your business imports chemicals (or products that contain them), one of the most daunting regulations is the Toxic Substances Control Act (TSCA). Noncompliance with TSCA can lead to significant financial penalties, costly shipment delays — and irreparable damage to your company’s reputation.

Here at J.M. Rodgers Co., Inc., we understand the pain points associated with the TSCA, such as the struggle to navigate its complexities, and the fear of penalties from government bodies like Customs and Border Protection (CBP) and the Environmental Protection Agency (EPA). We know all about the challenges of maintaining proper TSCA documentation, especially when you lack in-house expertise on complex regulations.

That’s why we’ve put together this guide to TSCA compliance for importers. Across all J.M. Rodgers services, our goal is to help you reduce risk and maximize your compliance ROI. Here’s what you need to know about the TSCA to protect your business from massive fines and prevent costly supply chain disruptions.

What is the Toxic Substances Control Act (TSCA)?

TSCA is the primary federal law governing the manufacture, distribution, use, and disposal of chemical substances in the U.S. It was enacted in 1976 and was significantly updated by the Frank R. Lautenberg Chemical Safety for the 21st Century Act in 2016. The EPA administers the TSCA, the agency that maintains the reporting, record-keeping, and testing requirements authorized by the act.

Some important points to know:

Under the TSCA, U.S. businesses that import chemicals are treated the same as chemical manufacturers. Therefore, when your business imports a chemical substance, you have the same legal responsibilities as if you had manufactured it domestically. 

The EPA defines “chemical substances” rather broadly. It manages the TSCA Inventory, a list of more than 86,000 chemicals. However, the TSCA specifically excludes substances regulated by other federal laws. To ensure you apply the correct chemical import rules, remember that the TSCA is separate from:

• FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act): If you are importing pesticides, herbicides, or antimicrobial products, these fall under FIFRA, not TSCA.
• FFDCA (Federal Food, Drug, and Cosmetic Act): Food, food additives, drugs, cosmetics, and medical devices are regulated by the FDA and are generally exempt from TSCA.
• OSHA (Occupational Safety and Health Administration): While OSHA regulates the safe handling and workplace exposure to chemicals (requiring Safety Data Sheets), TSCA regulates the commercial existence and import legality of the chemical itself.

If your import is for industrial, commercial, or consumer use and it isn’t covered by one of the above, it likely falls under TSCA jurisdiction.

TSCA’s Impact on US Imports: Who Is Affected?

One of the most common misconceptions about the TSCA is that it applies only to chemical manufacturers or to those importing drums of raw solvents. 

In reality, the scope is much broader. If your business brings any chemical substance or mixture (and some types of finished goods) into U.S. customs territory, you are likely subject to TSCA regulations.

Key Requirements for TSCA Compliance (Forms, Declarations, Record-keeping)

Perhaps the most important checkpoint for TSCA compliance is the Section 13 Import Certification process. This is the mechanism by which an importer declares to CBP that their shipment meets all EPA requirements.

There are two types of certifications:

Positive certification: When imported chemicals are subject to the SCA and you have verified they comply with all regulations, you make a positive certification, using this language:

“I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA.”

Negative certification: When imported chemicals are clearly excluded from TSCA jurisdiction because another act or agency regulates them, use this language:

“I certify that all chemicals in this shipment are not subject to TSCA.”

Record-keeping Requirements

Regulatory compliance for importers is really a matter of documentation. 

If the EPA or CBP initiates an audit, you must be able to produce the evidence behind your certification. Here are a couple of tips on meeting record-keeping requirements.

Retention period: You generally must verify and retain TSCA records for at least three years from the date of import. Some specific rules (like those for certain hazardous chemicals) may require longer retention periods.

What to keep:

• Exact chemical identity: CAS (Chemical Abstracts Service) numbers and specific chemical names for every substance in a mixture.
• Supply chain evidence: Emails or letters from suppliers confirming the TSCA Inventory status of their products.
• Customs documents: Copies of the entry forms (CBP Form 7501) and the signed TSCA certification statements.
• Determination memos: If you claimed an exemption, keep a memo explaining the logic you used to make that determination.

Common Pitfalls and How to Avoid Them

Even seasoned compliance managers can trip up on TSCA’s nuances. Common pitfalls include:

• Assuming that because you imported a finished good (an “article”), it is automatically exempt from the TSCA. Avoid this problem by closely analyzing your finished goods.
• Relying on a foreign supplier’s assurance that “everything is compliant.” Require your suppliers to provide written certifications instead.
• Filing a negative certification because a product is partially regulated by another agency, while missing a component that falls under the TSCA. Study dual-use products carefully to avoid this trap.

What Happens if You’re Not in Compliance?

The consequences of TSCA violations include:

• Your shipments can be detained or refused.
• The EPA can assess penalties of up to $40,000 per violation, per day.
• The CBP can flag your business and place it in “audited” status.
• Potential criminal liability and prosecution by federal authorities.

How J.M. Rodgers Can Support TSCA and Customs Compliance

The best way to maintain TSCA and customs compliance is to have an experienced partner on your side. J.M. Rodgers offers deep regulatory knowledge and seamless integration with your logistics operations. Here’s how we empower importers to manage the risks associated with importing chemicals:

Pre-compliance consulting and classification: Before your shipment even leaves the factory, our team of Licensed Custom Brokers (LCBs) will work with your team to review Safety Data Sheets, ingredients, and more.

Automated smart screening: We leverage our advanced proprietary brokerage software to cross-reference your HTS codes with EPA flags. This automated safety net catches potential missed certifications before you submit data, helping you stay compliant with CBP import requirements.

Title VI and formaldehyde expertise: The labeling and record-keeping rules of TSCA Title VI can be especially vexing for importers of furniture and other wood products. We guide you through chain of custody documentation to help ensure audit-proof documentation.

Audit support: Don’t wait for a CBP Form 28 to test your readiness. We conduct internal compliance reviews to identify gaps in your record-keeping, ensuring you have your negative certifications and determination memos ready to go for audits.

To learn more, contact J.M. Rodgers today.