Type of Certification Required, if Any

A process needs to be established requiring the import specialist to notify the regulatory specialist prior to accepting any import shipment of a new chemical substance, including any article containing a chemical substance or mixture with a separate end use that will be released from the article. The information should come before the shipment arrives at the port of entry, and should be accompanied by a description of the product s use, chemical identity, and its components. A determination needs to be made as to whether the product is for a use regulated under FIFRA, FFDCA, or TSCA. If the product is regulated by TSCA, a further determination needs to be made as to whether it is exempt from the PMN requirements, and if it is not, whether it is on the TSCA Inventory. 

To determine whether the product is on the TSCA Inventory, check the nonconfidential portion of the Inventory, or, if it is on the confidential Inventory, submit a bona fide intent to import to the EPA or request a warranty and indemnification from the foreign suppHer. Determine whether a product subject to TSCA is subject to (i) a SNUR under TSCA 5(a)(2), (ii) rules prohibiting or limiting importation, processing or distribution under TSCA 5(e), 5(f), or 6 or (iii) a judicial order under TSCA 7.  

For this information, check with the suppHer, EPA lists, Federal Register notices or a commercial data base. 

Once a product has been imported, it should be entered into the company s import system, either as a commercial product or a research and development sample, designating which type of certification is required, and whether it is subject to TSCA but exempt from the PMN requirements. While the same positive certification applies whether or not the product is required to be on the Inventory, make sure the company s systems distinguish between products that can be imported for commercial purposes and products that cannot. This is important for ensuring compfiance with the PMN requirements. 

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