CBP Proposes Changes to TSCA Regulations to Provide for Electronic Filing
CBP is proposing to amend its regulations on Toxic Substances Control Act (TSCA) import requirements to provide for electronic filing of TSCA certifications in ACE, eliminate paper-based blanket TSCA certifications, and clarify and add certain definitions, it said (here). CBP’s proposed rule would require that importers of chemicals submit electronic positive and negative TSCA certifications in ACE “or any other CBP-authorized electronic data interchange system.” Importers would also have to submit additional information on the certifying individual, including name, phone number and email address, to “facilitate the resolution of issues related to particular shipments.” The proposed rule would also allow importers to submit electronic notices of exportation and abandonment if their shipment is refused entry. According to CBP, publication of the final rule implementing these changes will coincide with the conclusion of the ongoing ACE filing pilot of TSCA import data required by the Environmental Protection Agency.
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The paper blanket certification process eliminated under the proposal is no longer necessary, CBP said. The existing process “has limited utility because each blanket certification is only valid at one port of entry and is only valid for one year,” it said. “In addition, the current blanket certification process is more burdensome than the current entry-specific certification process because it requires filers to report a statement referring to the blanket certification and incorporating it by reference for each entry, as well as four data elements on the blanket certification itself, including product name, [Harmonized Tariff Schedule] subheading number, and the name and address of the foreign supplier,” CBP said. “Because the electronic TSCA certification process will require only a certification code, along with the name and contact information of the TSCA certifier, and because the paper-based blanket certification has limited application, we believe the elimination of the blanket certification process will reduce the reporting burden for importers.”
CBP is also asking for comments on whether it should put in place an exemption from filing negative certifications for chemicals that are clearly not subject to TSCA, such as those that are clearly identified as a pesticide. Current CBP regulations do not provide an exemption, but EPA’s TSCA regulations only require submission of a negative certification when a chemical import is not clearly identified as exempt. Though CBP “is not proposing to codify such an exemption,” it seeks comments “”on whether such an exemption is appropriate.” Comments are due Sept. 28.
(Federal Register 08/29/16)