Negative certification products subject

Negative certification The importer must certify that all of the chemicals in the imported product are not subject to TSCA and are regulated under another statute. A negative certification is generally required for imports of pesticides (but not pesticide intermediates), nuclear materials, firearms and ammunition, food, food additives, drugs, registered pesticides, cosmetics, or medical devices. 

Importation of the products described above are subject to certification on file with the District Director indicating that they are not subject to TSCA executed by (insert name of importer) on (insert date of the applicable blanket negative certification), the terms of which, including the fact of its execution are incorporated herein by reference. 

Some products excluded from the definition of chemical substance in 3(2) (B) require a negative certification. These include pesticides, as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) food, food additives, drugs, drug intermediates, cosmetics, cosmetic intermediates, or devices subject to the Federal Food, Drug, and Cosmetic Act (FFDCA) nuclear source materials, special nuclear materials or nuclear by-product materials and firearms and ammunition. While a guide for importers and exporters published by EPA in 1991 (1991 Guide) made a distinction in... 

Is the material in the shipment to be imported a pesticide a source or special nuclear material or by-product a firearm or ammunition or a food, food additive, drug, cosmetic, or device If yes, the material is not subject to TSCA, but a negative TSCA import certification is required unless the shipment is clearly identified as being a pesticide or other chemical not subject to TSCA (e.g., the shipment is accompanied by FDA Form FD701 or EPA (FIFRA) Form 3540-1). If no, continue to the next question. 

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