Basis of Certification

The EPA expects that the importer will makes its certification as to whether each chemical substance being imported complies with TSCA 5, 6, and 7, or is not subject thereto, based upon its own actual knowledge.Prior to importation, due dihgence should be conducted to determine the identity of each chemical substance that is part of the imported product and the TSCA Inventory should be checked to ensure that all the chemical substances in question are in fact on the Inventory. Due dihgence would include a review of the MSDS, product Hterature, and label for the product, as well as requesting 

Living with TSCA Q A, question 22. See Chapter 2, TSCA s Scope. 

EPA recognizes that neither it nor Customs has any authority under TSCA or any other law to place TSCA requirements directly on the foreign exporter, and so has put the onus for compUance on the importer. 45 Fed. Reg. 79730 (Dec. 1,1980). The foreign shipper cannot sign the import certification. Living with TSCA Q8cA, question 45. 

Make sure that the foreign supplier has assets in the United States, which could be used to satisfy any judgment obtained for breach of the warranty. 

An alternative to relying on the supplier s warranty is to ask EPA to search the Inventory, including the confidential portion, by establishing a bona fide intent to import the chemical substance.The requirements to establish a bona fide intent to import a chemical substance are the same as the requirements 

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