Compliance with import certification

FI. Ensuring Compliance with Import Certification Requirements... 

If there are imports, then the seller s compliance with import certification requirements should be evaluated. 

If there are imports, then the business compliance with import certification requirements should be evaluated. Monetary penalties for systematic noncomphance can be significant, and the parties can contractually allocate liability for pre-Closing violations. 

A scheme that was initiated by a Dutch organic importer, Eosta B V, deserves special mention. In its Nature More scheme, products are scored in terms of compliance with organic, health and environmental standards. This is done as an add-on to the organic certification process. By entering a code that is on the product label, the consumer can see how the product he or she purchased scores. It is a communication tool that links the farmers to the consumers. 

Accreditation and Certification are components of the common technical infrastructure referred to above (see slides 8 and 10). They represent important mechanisms to facilitate free movement of goods. In a general sense they are dealing with similar issues, mainly because they assess and declare compliance with standards. 

Under EPA and Customs regulations, the importer of a chemical substance or mixture must certify at the port of entry that each shipment is either subject to and in compliance with TSCA (a positive certification) or the shipment is not subject to TSCA... 

As described earlier, ISO 14000 is a voluntary standard for environmental management systems. It does NOT require compliance with the regulations of the country in which the company is located. In some countries, it is possible that regulations may be more stringent than the standard. It seems likely, however, that in some countries achieving certification of adherence to the standard would improve the quality of environmental practices in that country. If, as expected, many countries adopt laws that require imported products to have been produced by companies certified to be adhering to ISO 14000, then environmental practices will almost certainly be improved worldwide. 

Similarly, ethos, the testimonial dependent on the expertise and credibility of the witness, is critical. Evidence supplied by an impartial and credentialed observer may establish compliance with control standard operating procedures (SOPs), accuracy of documentary evidence, and suitability of code design. Whereas the accuracy of logos transcends its interpretation, however, ethos proof must be evaluated on the basis of its source. Who said so , How does he or she know , and Why should he or she be trusted become the key questions. It is upon the importance of ethos that the important issues of independent, quality assurance (QA), and confirmatory investigation lay. Most ethos testimony takes the form of reports, observational records, and certifications. 

In the Matter of Ashland, Inc is an example of a company resolving EPA s finding that an NOC violation had occurred this was achieved by payment of a fine and the conducting of an audit of compliance with the TSCA 5 rules and the import certification rules. 

The importer itself, or its authorized agent, must fulfill the TSCA certification requirement by filing either a positive certification if the chemical shipment is subject to TSCA and is in compliance with applicable TSCA requirements or a negative certification if the chemical shipment is not subject to TSCA. The Customs Regulations specify the exact language that must be used to make the applicable certification ... 

Importation of the products described above are subject to certification on file with the District Director in respect of compliance with TSCA executed by (insert name of importer) on (insert date of the applicable blanket positive certification), the terms of which, including the fact of its execution are incorporated herein by reference. 

Products subject to positive certification are chemical substances, mixtures, or articles containing a chemical substance or mixture as those terms are defined under TSCA, which are either on the TSCA Inventory, or are not on the TSCA Inventory but are being imported in compliance with TSCA. A chemical substance is any organic or inorganic substance of a particular molecular identity including (i) any combination of such substances... 

For TSCA purposes, TSCA import certifications should be kept for five years and any documents used in determining the compliance of the substance with TSCA (such as supplier certification letters, MSDS and the Kke) for five years from the date of last import of the product, since the company will be relying on those documents the entire time it imports the product, not just the first time. 

The Renovation, Repair, and Painting Rule requires renovators to create certifications and keep records that demonstrate compliance with the each detail of the renovation rules for three years, or longer if required by another law7 In practice it is important to retain compliance documents for longer, and the exact length of time depends on the state in which the renovator operates. In most jurisdictions the statute of limitations for a tort action brought by a person who was a child at the time of an injury can be extended beyond the time that would have been allowed for an adult to bring a tort action.In any event records should be maintained for the five years of the TSCA statute of limitations. ... 

All results and findings in the context of those certification processes can be transferred to the next electrolysis system size. A complete transparency, the compliance with all instmctions and the involvement of the important admission offices in a very early stage of the development effectuate a safe and reliable technique. In practice, measures will be defined and documented as so called primary, secondary and tertiary. ... 

Cosmetics are not subject to registration or notification, there are pre-shipment testing procedures in force, based on mandatory SASO standards applied equally to both imported and domestically produced products. These encompass the protection of health, safety, national security, public morals, the environment and prevention of deceptive practices. For imported cosmetics, procedures to ensure conformity to the appUcable Saudi standards are enforced by the Ministry of Commerce and Industry, which implements the International Conformity Certification Program (ICCP) as a combined conformity assessment, inspection and certification scheme, on the basis of which goods are allowed entry into the KSA. Compliance with the relevant Saudi standards, or approved equivalent international alternatives, leads to the issue of a Certificate of Conformity (CoC) prior to shipment by Country Offices or Regional Licensing Centres. The ICCP apphes to all consumer products exported to the KSA (KSA, 2004). Samples may be selected for minimum verification tests as a part of annual routine inspections. Periodic pre-shipment inspection will be performed. 

Due diligence means taking all reasonable steps to ensure conformity. With only a few exceptions, the manufacturer/importer is ultimately responsible for a product s compliance to directives, but with a mark, certificate, or test report from a notified body the suppliers risks are decreased and their defense of due diligence enhanced, should the products safety/EMC conformity come into question. It is the responsibility of notified bodies to accurately interpret directives and standards through testing and certification, thereby ensuring conformity and building consumer confidence. 

An integrated control/safety system with same operating system may have systematic design and common cause errors. Another important point here is that, third-party certificate of compliance of the equipment is not really sufficient, especially for end-user who has the ultimate responsibility with the plant operating company s management, not the vendor. International standards call for compliance of SIS logic solvers to lEC 61508. Such third party certification does not cover ... 

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