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Effective Mar. 22nd, 2019, an ACE PGA message set for TSCA certification will be required for entry of all products which contain composite wood components. The covered material includes:
- Hardwood plywood
- Medium-density fiberboard (MDF)
The imported products must bear a label of compliance, and the importer must adhere to certain specific requirements (see below). These requirements are in addition to the certification requirement, which is filed by the Customs broker in most cases.
According to the technical message from CBP (see CSMS# 19-000082 below), some 450 tariff numbers have been flagged for certification requirements. As a result, beginning March 22nd, FgL will implement the following procedures to assist importers in their compliance with this regulation:
- For each entry containing flagged merchandise, a notification will be sent to the importer to be filled out. Each notification will be shipment specific, and will require the importer to either “disclaim” their product (declare it does not contain regulated product), or declare that it complies. Acceptance of “disclaim” will be at the Customs broker’s discretion (merchandise known to be of composite wood material, for example, would not likely be allowable for disclaimer.)
- Upon receipt of the completed, very simple notification, entry processing will continue.
- In the event the foreign shipper or seller has provided the requirement certification statement on the commercial invoice, a one-time notification will be required which provides an affirmation that the seller/shipper is making accurate certifications, and providing their contact information (technical requirements for data transmission require a US importer to be the certifying party). This notification will then be kept on file, eliminating the need for repetitive submissions.
- New PGA / TSCA pricing will go into effect.
Importer Specific Requirements, from 40CFR770.30
(a) Importers must take reasonable precautions to ensure that the composite wood products…comply with the emission standards and other requirements….
(b) Importers must demonstrate that they have taken reasonable precautions by maintaining, for three years, bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products…are TSCA Title VI compliant…and by ensuring the following records are made available to EPA within 30 calendar days of request:
- Records identifying the panel producer and the date the composite wood products were produced; and
- Records identifying the supplier, if different, and the date the composite wood products…were purchased.
FgL is a Customs broker, acting on behalf of importers to submit required information to the US Government. However, FgL is *not* a qualified EPA or TSCA consultant, and cannot provide any advice, guidance, direction, or assistance with compliance with the TSCA Title VI regulations, beyond the scope outlined on this page. For your convenience, numerous resources are available – see below.
This requirement is separate from, and does not impact the requirement for, any Lacey Act Declarations which may otherwise be required for the article being imported.
- CBP CSMS# 18-000727 12/11/18 – Requirements for Importing Regulated Composite Wood Products
- CBP CSMS# 19-000082 02/22/19 – Tariff Flagging Technical Information
- Federal Register 12/12/16 – Final Rule
- 40CFR770 Formaldehyde Standards For Composite Wood Products
- EPA Proposed Rule Document – Technical Issues
- EPA Landing Page – Formaldehyde
- EPA Landing Page – TSCA
- ACE PGA Filing Tips for TSCA
- CBP TSCA Title VI Filing Webinar 03/06/19
- EPA Small Entity Compliance Guide Apr 2018 03/18/19