On March 22, the TSCA Title VI import certification requirement that 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. goes into effect.
The new regulation includes the following importer-specific provisions:
RECORDKEEPING
Importers must take reasonable precautions to ensure that any composite wood products sold, supplied, offered for sale, or held for sale (whether in the form of panels, component parts, or finished goods) comply with TSCA Title VI. Importer records specifically must include:
- An identification of the producer of the composite wood product;
- The date the composite wood product was produced;
- An identification of the supplier (if different from the producer);
- Bills of lading, invoices, or comparable documents that include a written statement that the composite wood product is compliant with TSCA Title VI.
These documents must be kept on file for a period of three years from the import date or the date of the purchases or shipments. If requested, importers must be able to provide this documentation to EPA within 30 days of the request.
LABELING
Importers are not required to label products themselves; however, they must:
- Make sure labels on individually purchased composite wood products remain intact; and
- If they purchase by the bundle and sell individual products, retain a copy of the label, and be able to identify the products associated with the label.
Labels are not required on component parts not sold separately or on finished goods if they contain a de minimis amount of composite wood product (i.e., no more than 144 square inches of composite wood products, based on the surface area of the aggregate of all composite wood products’ largest faces in finished goods).
IMPORT CERTIFICATION
Beginning March 22, 2019, for all imported articles that are regulated composite wood products (or that contain regulated composite wood products), importers must sign the following certification:
“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.”
COMPLETE GREEN’S TSCA TITLE VI CERTIFICATION (fillable PDF)
This certification must appear on the U.S. Customs entry document or invoice for composite wood products after March 22, 2019. Green Worldwide recommends importers add this verbiage either to their commercial invoices or on a separate document for each shipment.
EPA has established a TSCA hotline to provide general information to impacted entities on the new TSCA Title VI requirements.
The hotline can be reached via email at [email protected] or via phone at (202)-554-1404.
The EPA has also provided resource guidance for filing certifications:
Tips for Trade when filing an EPA TSCA Certification in ACE
TSCA Title VI Import Certification Webinar (PowerPoint presentation)
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