US TSCA compliance for importers starts before customs entry, not after

What changed

EPA has refreshed its published guidance for chemical importers under the Toxic Substances Control Act. There is no new statutory obligation here — the point is a reminder that "the shipment cleared customs" does not mean "the chemical is TSCA compliant." Customs and TSCA are separate regimes with separate requirements.

What TSCA import compliance actually involves

For a substance imported on its own, in a mixture, or (for some categories) as part of an article:

• Inventory listing — is the substance on the TSCA Inventory at all?
• Active / inactive status — an inactive substance generally cannot be imported without first filing a notice of activity.
• Section 5 — is there a pending or completed PMN, or a Significant New Use Rule that the intended use triggers?
• Section 6 — is the substance subject to a restriction or prohibition (e.g. certain PBTs, methylene chloride uses)?
• Title VI — for composite-wood products, do the formaldehyde emission and certification requirements apply?
• Import certification — the importer must make the required positive or negative TSCA certification at entry.

Who is affected

• Anyone importing chemicals or chemical-containing products into the United States
• Trade-compliance teams who currently treat TSCA as a customs-broker task
• Non-US suppliers whose US customers rely on supplier declarations to make the certification

Recommended actions

• Build TSCA checks into import master data: Inventory status, active/inactive status, and use-based flags per material.
• Require supplier declarations that state Inventory status and confirm no undisclosed new-use or restriction issue.
• Flag materials subject to a SNUR or a section 6 rule and block release until the position is cleared.
• Define scope explicitly for mixtures and articles, which are handled differently from neat substances.
• Put a release block before shipment so a non-compliant material cannot be ordered, shipped and then discovered at the border.