Export regulations notifications

Substances not included in the final inventory are defined as new and must be notified to the Federal Ministry of the Environment, Youth and the Family befcse they are manufactured or imported, unless notified mere than 10 years neviously. The authorities will publish an annual list of those substances which were notified 10 years earlier. New substances supplied exclusively for testing purposes are exempt from notification. Also exempt are those exported to specified countries where there are equivalent regulations for the notification or safety assessment of new substances, although the Austrian authorities must be notified in writing of the substance s identity and the expected production and expmt quantities, as well as the classification, labelling and proposed uses of hazardous substances. Finally, polymers are not notifiable, unless they contain >2% (by weight) in chemically-bound form of a new substance monomer. 

Thirty days before the export of a chemical listed in annex I of the EC Regulation (see Ikble 4.6) to a country which is not a member of the European Community, a notification by the national authority has to be provided. Afterwards, a notification is required before the first export per year 15 days before the export takes place. The information in the notification has to fulfil the requirements of annex III of the EC Regulation. 

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. ... 

The export notification requirement applies to a TSCA regulated chemical substance, and is not dependent on its end use. For those export notifications required because the EPA has restricted certain end uses, export notification must be given to EPA without regard to the actual intended use. For example, if the EPA restricts use under 5 to permit only the manufacture of an article, notification of export must stiU be given even if the foreign purchaser intends to make other use of the chemical substance. ... 

The exporter must submit a notification of export or of intent to export a regulated chemical substance or mixture. For purposes of 12(b), exporter is defined as the person who, as the principal party in interest in the export transaction, has the power and responsibihty for determining and controlling the sending of the chemical substance or mixture to a destination out of the customs territory of the United States. 

Fed. Reg. 82844 (Dec. 16, 1980) Chemical Imports and Exports Notification of Export 45 FR 82844 Exports 12-16-80 48 Fed. Reg. 34734 (Aug. 1, 1983) Customs Regulations Amendments Relating to Special Classes of Merchandise 48 FR 34734 Customs 8-1-83 48 Fed. Reg. 55462 (Dec. 13, 1983) Chemical Imports and Exports General Import Requirements and Restrictions Policy for Import of Chemical Substances 48 FR 55462 Imports 12-13-83... 

Every State involved in the import or export of radioactive sources should take appropriate steps to ensure that transfers are undertaken in a manner consistent with the provisions of the Code and that transfers of radioactive sources in Categories 1 and 2 of Annex 1 of this Code take place only with the prior notification by the exporting State and, as appropriate, consent by the importing State in accordance with their respective laws and regulations. 

Section 12(b) of TSCA requires the notification to the EPA that chemicals regulated under specific sections of TSCA are being exported. Section 13 of TSCA involves notification to the EPA of import activity in violation of TSCA. 

There are a number of pigment products excluded from the TSCA PCB rules as excluded products and processes. EPA now indicates that these excluded products require TSCA Section 12(b) export notification. TSCA Section 12(b) notifications to the EPA are required whenever chemicals regulated under specific parts of the TSCA statute are exported from the United States. The notices only identify the regulated chemical, for example PCBs, not the product the PCBs may be contained in. The notices also contain the name of the receiving country and other basic identification information. EPA, in turn, notifies the receiving country once for each regulated chemical once per year. 

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