TSCA import certification is a statement made at US customs entry. A positive certification says that every chemical substance in the shipment complies with the Toxic Substances Control Act. A negative certification says that the chemicals in the shipment are not subject to TSCA. The importer, not the foreign supplier, makes the statement.
This is general guidance. Check current EPA and Customs and Border Protection rules and confirm with your customs broker before each import.
What is the difference between positive and negative?
A positive certification applies when the shipment contains chemical substances covered by TSCA. By signing it, the importer states the substances comply with all applicable TSCA rules and orders and that it is not importing in violation of them. In practice this means the substance is on the TSCA inventory as active, or is covered by a valid exemption, and any significant new use or other rule is met.
A negative certification applies when the goods are outside TSCA, for example because the product is regulated under another law, such as certain pesticides, food additives, drugs or cosmetics, or because the shipment is not a chemical substance in TSCA terms. The importer states that the chemicals are not subject to TSCA.
Which certification is right depends on the substance and its use, and the importer is responsible for the choice. Our guide to TSCA substance listing shows how to check inventory status.
Who signs and when?
The importer of record is responsible, and a customs broker usually makes the certification for it in the electronic entry system. The foreign manufacturer does not sign, but it must give the importer the data to decide: chemical name, CAS number, composition and any exemption claimed.
Do this before the goods ship, not at the port. If the importer cannot state either certification with confidence, the shipment can be held, and a false certification can lead to penalties.
Keep a record of the basis for each certification: the inventory check, any exemption, the supplier statement and the date. TSCA records are expected to be kept, and a clear file makes it easier to answer questions from your broker or from the authorities. If the product changes composition, or the supplier changes process, review the certification again before the next shipment rather than assuming the last one still applies.
What should you ask your Indian supplier for?
- The CAS number and exact composition of each substance, including any impurities that matter to its TSCA status.
- The intended use, because exemptions and significant new use rules depend on it.
- A written statement of whether the substance appears on the TSCA inventory, and the evidence the supplier used.
- For mixtures, the full list of components, since each substance must be listed. Suppliers sometimes refuse to disclose; in that case ask them to give the information to the importer in confidence.
- A safety data sheet that matches the product.
Link to tariff classification and the shipment
The certification is filed with the entry, which also needs the correct tariff code. See HS codes for chemicals for how to find it. Mistakes in code or description are a common cause of questions at entry.
For documents to prepare in India, read the document pack your broker will ask for.
Next step
We collect composition, CAS and inventory evidence from Indian manufacturers before an order is placed, so your broker can certify with confidence. Book a free sourcing review to begin.