I AM IMPORTING SOME FURNITURE FROM GERMANY INTO THE USA. DO I NEED TO FILL OUT THE TSCA FORM AND SPECIFY ALL CHEMICALS OR DO I JUST LIST ALL THE EXACT WOOD PARTS USED? THIS IS FOR BRAND NEW FURNITURE.
Two regulations may be at play in this scenario – the Toxic Substances Control Act (TSCA) Title VI compliance and the US Department of Agriculture (USDA) Lacey Act requirements. If the furniture is not made of composite wood nor applies to the Lacey Act Components listed in the Lacey Act section below, neither TSCA nor Lacey Act documentation is required for this import.
TOXIC SUBSTANCES CONTROL ACT TITLE VI
TSCA Title VI requires documentation of formaldehyde emissions for certain finished wood products that are made from or contain: composite wood such as particleboard, MDF, and hardwood plywood. Title VI mandates that composite wood products must be tested to ensure they are compliant with formaldehyde emissions. Certification for composite wood products must be conducted by a third-party certifier that is recognized by the EPA.
Composite wood products must be labeled as TSCA Title VI compliant, and the importer is subject to recordkeeping requirements for the testing and certification. The TSCA form required at the time of import is simply the importer attesting that their products are compliant meaning:
- The product has been tested for formaldehyde emissions,
- The product has been certified to be compliant with TSCA Title VI emissions, and
- The product has been appropriately labeled that it is compliant.
Note: Specific chemical names are not required on the importer certification form.
USDA LACEY ACT
The Lacey Act prevents the trafficking of endangered or illegal fish, animals, and plants – including wood products. Think, for example, African mahogany or Brazilian rosewood. Import requirements for wood products subject to the Lacey Act include the scientific name (genus and species) of the wood, the country where it was harvested (which may or may not be the same as the country where a finished product was made), and the quantity of wood in the product being imported.
If the furniture you are importing from Germany does not include particleboard, MDF, or hardwood plywood, it is not subject to TSCA and if it does not fall under the headings in the table above, it does not require Lacey Act reporting either.
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