Importer and Supplier Requirements, Beginning March 22, 2019
Importer Requirement: TSCA IMPORTER CERTIFICATION
Beginning March 22, 2019, for each imported shipment of composite wood products, or component parts or finished goods that contain composite wood products, the importer must sign, and provide to the broker the following certification under TSCA section 13: “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.”
The TSCA Import Certification should be on the importer's letterhead and include the certifying individual's complete name, telephone number, and email address.
Supplier Requirement: TSCA TITLE VI COMPLIANCE STATEMENT
The supplier must continue to include a written statement on either the Commercial Invoice or Bill of Lading that the composite wood product panels, component parts, or finished goods are TSCA Title VI compliant or were imported before June 1, 2018.
Beginning March 22, 2019, TSCA Title VI Formaldehyde Emission Standards for Composite Wood Products requires TSCA Section 13 Import Certification upon import into the customs territory of the U.S, and applies to composite wood products (panels of hardwood plywood, particleboard, medium density fiberboard, thin-medium density fiberboard, etc.,) component parts containing such composite wood products, and finished goods containing such composite wood products that are imported into the U.S.
In addition to the importer providing an import certification, under the TSCA Title VI regulation, you must also obtain and keep the following records to document that you have taken reasonable precautions:
Records identifying the producer of the composite wood product panels that you are importing, or the producer of the composite wood product panels that are incorporated into the component parts or finished goods that you are importing.
The date that the composite wood product panels were produced.
Records identifying your supplier, if different from the panel producer, and the date you purchased the composite wood product panels, component parts, or finished goods.
Bills of lading, invoices, or comparable documents that include a written statement from your supplier that the composite wood product panels, component parts, or finished goods are TSCA Title VI compliant or were imported before June 1, 2018.
These records must be kept for a period of three years from the import date or the date of the purchases or shipments described in the records. The records must be made available to EPA within 30 calendar days of request.
Importers must ensure that the labels applied by panel producers on panels or by fabricators on finished goods remain intact and readable. If you purchase panels or finished goods that have been labeled by bundle (or by box, in the case of finished goods), and you sell individual panels or finished goods, you must retain a copy of the label, be able to identify the products associated with that label, and make the label information available to potential customers upon request. Importers must have a method to identify the supplier of the panel or finished good which links the information on the label to the products.
Until March 22, 2019, regulated products certified as compliant with the CARB ATCM Phase II emission standards must be labeled as compliant with either the TSCA Title VI or the CARB ATCM Phase II emission standards. Regulated products manufactured in or imported into the United States after March 22, 2019 may not rely on the CARB reciprocity of 40 CFR 770.15(e) and must be certified and labeled as TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the required accreditations.
The EPA also has several resources and guidance materials on the Agency’s formaldehyde homepage:
The TSCA Hotline (email@example.com or 202-554-5603) can also answer questions related to formaldehyde and the import certification process.
Any questions relating to the TSCA Title VI requirements can be sent directly to Christine Sliwinski, LCB, PGA Compliance Manager @ Email: firstname.lastname@example.org