TSCA is the Toxic Substances Control Act, the main US law on industrial chemicals, run by the Environmental Protection Agency (EPA). A chemical substance can be imported for commercial use only if it is on the TSCA Inventory, or covered by an exemption or a new chemical notice.
The US importer of record carries the legal duty. It must certify at import that the shipment complies with TSCA, or that TSCA does not apply.
What TSCA covers
TSCA covers industrial chemicals, including dyes, pigments, intermediates, surfactants, solvents and most specialty chemicals. It does not cover products regulated by other laws. Pesticides fall under FIFRA, and foods, drugs and cosmetics fall under FDA rules. If your product is in one of those groups, you are dealing with a different regulator.
How to check the Inventory
- Get the exact CAS number for each substance from the supplier, and check it matches the chemical name. Our guide to CAS numbers explains why this matters.
- Search EPA's TSCA Chemical Substance Inventory, which EPA publishes on its website and in its Substance Registry Services. Search by CAS number, not by trade name.
- Check the status flag. Since EPA's active-inactive rule, a substance can be listed as active or inactive. Importing an inactive substance requires a notice to EPA before the activity starts.
- Check for flags such as significant new use rules or other restrictions attached to the listing.
- If the identity is confidential and not shown publicly, the importer can file a bona fide intent notice asking EPA whether the substance is listed.
If the substance is not listed
A substance not on the Inventory is a new chemical. Before import, someone must submit a premanufacture notice under Section 5 and wait for EPA's review, or qualify for an exemption such as a low-volume exemption. This takes months, not days. Plan it before you place an order.
Watch for near misses. A salt, hydrate or isomer of a listed substance can have its own CAS number and its own Inventory status. Check the exact form you are buying, not a related one.
Mixtures are not listed as such. Each substance in the mixture must be on the Inventory or exempt.
Import certification
At entry, the importer certifies either that the shipment complies with TSCA (positive certification), or that it is not subject to TSCA (negative certification). The rules for this sit in US Customs regulations at 19 CFR 12.118 to 12.127. US Customs can detain a shipment without a proper certification.
Your Indian supplier cannot certify for you, but it should provide the information you need: full composition, CAS numbers and a US-format SDS. Ask for this with the quote, alongside the document pack your broker will ask for. Confirm your obligations with EPA or a TSCA adviser.
Next step
We check composition and CAS data with the manufacturer before you commit, so you can screen against TSCA early. To start, book a free sourcing review.