TSCA §§13, 12(b), and 12(c)-Import Certification and Export Notification Requirements; Prohibition on Export of Elemental Mercury

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 115-119

Page 115

Chapter XI:

TSCA §§13, 12(b), and 12(c)—

Import Certification and Export

Notification Requirements; Prohibition

on Export of Elemental Mercury

A. TSCA §13 Import Certif‌ication

1. Statutory Requirements

Substances imported into the United States are

subject to the sa me restrictions and requirements

under TSCA §§4, 5, 6, and 8 as those domestically

manufactured or produced. As explained above,

TSCA denes the term “manufacture” to include

“import into the customs territory of the United

States.”1

In addition, §13 requires that the Secretary of

the Treasury refuse entry into the customs territory

of the United States2 of any chemical substance,

mixture, or article containing a chemical substance

or mixture that fails to comply with any rule in

eect under TSCA; it must also refuse entry of

those oered for entr y in violation of TSCA §§5

or 6, a rule or order under TSCA §§5 or 6, or an

order issued in a civil action brought under TSC A

§§5 or 7.3 is provision originally was adminis-

tered by the Treasury Customs Service; as of 2003,

it is administered by U.S. Customs and Border

Protection (CBP) in the Department of Homeland

Security.4

If a substance, mixture, or article is refused

entry, the CBP must notify the consignee and store

or dispose of the shipment unless it is exported

by the consignee within 90 days of receipt of the

notice of refusal of entry.5 e CBP may, however,

1. See 15 U.S.C. §2602(7), ELR S. TSCA §3(7).

2. “e term ‘customs territory of the United States’ . . . includes

only the States, the District of Columbia and Puerto Rico.”

U.S. I T C, H T

S   U S General Note 2 (2010) (Rev.

2), available at http://hts.usitc.gov/; see 15 U.S.C. §2612(a)(1),

ELR S. TSCA §13(a)(1).

3. 15 U.S.C. §2612(a)(1), ELR S. TSCA §13(a)(1).

4. See Homeland Security Act, Pub. L. No. 107-296 (2002).

5. Id. §2612(a)(2), ELR S. TSCA §13(a)(2).

release the substance, mixture, or article to the con-

signee, pending review of the entry refusal by EPA,

on execution of a bond for the invoice amount with

any duty thereon.6 All storage, cartage, labor, and

disposal charges for substances, mixtu res, or arti-

cles refused entr y must be paid by the owner or

consignee.7

2. CBP and EPA Regulations

TSCA §13(b) authorizes the Secretary of the Trea-

sury, after consultation with EPA, to issue rules

implementing TSCA §13.8 e Customs Service

(now t he CBP) promulgated its na l TSCA §13

import certication rules on August 1, 1983.9 EPA

issued a companion policy statement on Decem-

ber 13, 1983, explaining its interpretation of and

responsibilities under the customs rules.10 In 2008,

EPA issued both a TSCA import requirements

compliance guide11 a nd a n import compliance

checklist.12

6. Id.

7. Id.

8. See id. §2612(b), ELR S. TSCA §13(b).

9. See Customs Regulations Amendments Relating to Special Classes

of Merchandise, 48 Fed. Reg. 34734 (Aug. 1, 1983) (codied at

19 C.F.R. §§12.118-.127). ese regulations became eective on

January 1, 1984. See Chemical Imports and Articles Containing

Hazardous Chemicals, Delay of Eective Date of Regulations,

48 Fed. Reg. 44771 (Sept. 30, 1983).

10. General Import Requirements and Restrictions Policy for Import

of Chemical Substances, 48 Fed. Reg. 55462 (Dec. 13, 1983);

see General Import Requirements and Restrictions, 40 C.F.R.

pt. 707, subpt. B.

11. U.S. EPA, C G F  C I

R   T S C (2008),

available at http://www.epa.gov/oecaerth/resources/publications/

monitoring/tsca/importguidejune2008.pdf (reproduced in the

Appendix to this Deskbook) [hereinafter C I

G].

12. U.S. EPA, TSCA S  I C C

(2008), available at http://www.epa.gov/opptintr/chemtest/pubs/

checklist.pdf (reproduced in the Appendix to this Desk of this

Deskbook).