Export only

As noted in the discussion of exports above, chemical substances, mixtures, or articles containing such substances or mixtures manufactured, processed, or distributed in commerce solely for export and labeled as for export only are generally exempt from the provisions of TSCA. This exemption does not apply to 12(b) export notification requirements, to 8 reporting and recordkeeping requirements, or to chemical substances, mixtures, or articles that the EPA determines will present an unreasonable risk of injury to health or the environment in the United States. This statutory exemption includes importation of chemical substances solely for export because the word manufacture is defined to include importation. A chemical substance that will be relabeled or processed and will not be used in the United States may be imported solely for export.  

While the statutory exemption noted above clearly excludes the requirement of making an import certification for chemical substances imported for export only, EPA has taken the position that the requirements of 13 do apply to chemical substances imported for export only. Although there are very good arguments based on the statute itself that these requirements cannot be enforced in the context of import for export only, it seems prudent to make import certifications in this situation. 

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U.S. exports of the other oilseeds are smaller and foUow different patterns (50). Exports accounted for only 2—3% of the cottonseed crop and 16—31% of the processed oil production for 1991—1994. Of the peanut crop ca one-half is consumed domestically as whole nut products and 15—20% is exported. Only about 10% of the sunflower seed crop is exported. From 1991 to 1994 an average of 70% of the oil was exported, but only about 11% of the meal was shipped overseas. 

OPEC nations are, of course, gearing up to be the primary producers of petrochemical products in the coming decade instead of exporting only crude petroleum. Mexico, with its vast oil reserves, galloping full speed ahead at a 24% growth rate in petroleum output (the world average is 4%), may in fact overtake OPEC nations in the shift from crude petroleum to petrochemical products. 

Because the export machinery selectively binds transport-competent mRNPs, i.e., mRNAs associated with the appropriate nuclear proteins, the diffusion-based model for intranuclear RNA movement provides an additional checkpoint for gene expression at the level of mRNA export. This type of control has been demonstrated for tRNA export only mature tRNAs are transported to the cytoplasm because incompletely processed tRNAs do not efficiently bind to exportin-t, the tRNA-specific export receptor. 

Chromatographic data file formats are very often in system- and manufacturer-specific metafiles. The formats that are used to store these files within an integrator or data processing unit are usually not designed for export, or they are designed for export only to other modules by the same manufacturer. They... 

The response of coastal ecosystems to river nutrient inputs depends, in part, on the seasonal pattern of the N dehvery, including seasonal changes in the form of N delivered (e.g., DIN, DON, and PN). Most studies of river nutrient export only report annual rates and often only report TN export. Where seasonal patterns of N export by individual river basins have been reported, a number of patterns have been observed, and the different forms of N can exhibit different patterns of export (e.g., Alexander et ah, 1996 Eyre and Pont, 2003 Lesack et ah, 1984) (Figs. 9.9 and 9.10). Seasonal patterns are observed in both N concentration and in N export (Fig. 9.10). 

Of course, several of the Health Authorities in industrial countries officially appraise, analyse and authorize pharmaceutical preparations for export only . Registration approvals of such preparations cire certainly not easy. Nevertheless, if manufacturers (pharmaceutical companies) of such preparations are able to justify why the medicament is not freely sold in the country of origin , certain Health Authorities in the Gulf States grant registration approved. Nevertheless, as before, pricing becomes an issue. 

It is also certified that the manufacturing pleint in which the pharma-ceuticed preparation is produced is subject to periodic inspections at suitable and regular intervals the mcinufacturer and manufacturing site comply with requirements for GMP emd quality control as recommended by WHO, with respect to the pharmaceutical preparations to be sold in the country of origin or designed for export only. 

Approval is hereby granted under paragraph 5 of the Medicines (Traditional Medicines, Homoepathic Medicines and Other Substances)(Exemption) Order 1987 to the above-mentioned company to import ONE consignment of the medicinal products listed above for the purpose of direct re-export only, subject to compliance with other legal requirements and the following conditions ... 

Product registered for export only Licence number ... 

Product Marketed in the domestic market (Yes or No) For export only (Yes or No) Licences are held in the following countries Name of contract manufacturer and country... 

Identify countries that export only one "strategic and critical" transition metal to the United States. 

Algerian LNG exports commenced in 1964 and pipeline exports in 1987 Libyan exports only became significant with the start of pipeline trade in 2004. 

A product for export only must be labeled or stamped to show that it is intended for export to qualify for this exemption. The statute goes on to state that the EPA may require testing under TSCA 4 of a chemical manufactured solely for export. 

Another source of the partial TSCA exemption for chemicals for export only is the Premanufacture Notification (PMN) regulations. The preamble to the original PMN regulations confirms that EPA did not adopt the proposed requirement that manufacturers of new chemicals solely for export submit notices under section 5(a) of the Act. ... 

Substances imported for export only are also exempt from PMN requirements because the word manufacture is defined to include importation. TSCA i 3(7). 

Further confirmation that a substance that was manufactured for export only can be processed before exportation without requiring a premanufacture notification came from EPA s response at an October, 1992 Living With TSCA Workshop. EPA was asked Can a U.S. company import a non-inventory substance, relabel it or process it, and then export it Is any Section 5, 12, or 13 [sic] applicable The EPA responded ... 

Section 12(a) of TSCA exempts from PMN new chemical substances which are manufactured or processed solely for export and which wUl not be used in the U.S.. . . For substances to qualify as export-only chemicals, their processing must also be limited to activities which do not involve use. 

Substances manufactured, processed or distributed for export only are subject to all of the requirements of 8, including the reporting requirements of 8(e). The export rules promulgated pursuant to TSCA 12 must generally be followed. ... 

In the Q8cA, the EPA asserts that substances that are imported for export only are subject to the rules under 13, which require import certifications. The statutory provision states that substances imported for export are subject only to the requirements of 4 and 8. It is apparent that the EPA does not have authority to require import certifications under 13. However, it seems prudent to comply with the import requirements of 13, although there are persuasive arguments that these requirements cannot be enforced. 

A substance that is not on the TSCA Inventory and is manufactured, imported, processed, or distributed for export only may be used for research and development purposes without filing a PMN, provided that the requirements for that exemption from the PMN requirements are met." " ... 

A substance may be processed for export only, but cannot be used and then exported. EPA guidance states that a chemical that is a reactant in the... 

The statute states that 12 applies if the substance presents an unreasonable risk. Export notification requirements are triggered by a finding of unreasonable risk under 6. and also by a test rule under 4 or a consent order under 5. Neither a test rule under 4 nor a consent order under 5 constitutes a finding of unreasonable risk. Therefore, would be statutory defenses to an EPA enforcement based on failure to submit export notifications for substances for export only if the requirement for submitting an export notification were triggered by a test rule under 4 or a consent order under 5. 

TSCA does not exphcitly define use, but it is a very important concept throughout the statutory scheme. It is intertwined with the term process. Unfortunately for anyone interested in clarity, the EPA has issued guidances that define the terms use and process differently for different sections of the statute. Sometimes use encompasses processing and sometimes it does not In the context of manufacture for export only, the EPA has indicated that use and process are mutually exclusive, when it said ... 

There is an exemption from the SNUR rules for manufacturing solely for export. This exemption makes interpreting SNURs that classify manufacturing methods as significant new uses very difficult to interpret if the SNUR material is manufactured for export only. Logically, if manufacturing a substance in an open container or without personal protective equipment is a significant new use, but the substance is manufactured for export only, then the SNUR rules should not apply. However, it is inconceivable that the... 

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