Under Section 13 of the Toxic Substances Control Act (TSCA), anyone importing chemical substances into the United States, in bulk or as part of a mixture, must certify the shipment to US Customs and Border Protection (CBP). The importer makes a positive certification (the chemicals comply with all applicable TSCA rules and orders) or, for goods TSCA does not cover and that are not clearly identified as excluded, a negative certification (the chemicals are not subject to TSCA). It is filed electronically through ACE before release, and the importer, or an authorized agent such as a customs broker, signs it. It is a statement the importer is answerable for, not an EPA approval. If you are new to the role behind the signature, start with our guide to the importer of record.
Position as of 4 November 2026, from EPA, CBP and eCFR pages. Rules and dates in this area move, so check the current text before you file.
What is the TSCA Section 13 import certification?
TSCA treats importing a chemical as a form of manufacturing, so a shipment of chemicals is checked against the same rules as domestic production. CBP enforces this at the border under 19 CFR 12.118 to 12.127, written in consultation with EPA. EPA's matching policy is in 40 CFR Part 707, Subpart B (section 707.20). Customs must refuse entry to chemicals that do not comply with TSCA, and it can detain a shipment when it has reasonable grounds to believe the goods violate the Act.
The certification covers the parts of TSCA that restrict what may be imported: the new chemical rules and significant new use rules and orders under Section 5, rules and orders under Section 6 (restrictions on specific chemicals), Section 7 actions, and Title IV rules. EPA is explicit that the reporting duties in Sections 4 and 8 do not feed into the import certification, although they can still apply to you separately (see the reporting section below).
Positive or negative certification: which one applies?
The wording is fixed in the regulations. A positive certification begins "I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA", and goes on to state that you are not offering a chemical substance for entry in violation of TSCA. A negative certification reads "I certify that all chemicals in this shipment are not subject to TSCA."
| Situation | What is filed |
|---|---|
| Industrial chemicals, solvents, resins, additives or mixtures that TSCA covers | Positive certification |
| Goods TSCA excludes (for example pesticides, food, food additives, drugs, cosmetics, devices, firearms and ammunition, as defined in TSCA Section 3), where the paperwork does not clearly show the exclusion | Negative certification |
| Goods TSCA excludes, clearly identified as excluded | No certification needed (the 2016 CBP rule dropped the old requirement for these) |
| A chemical that is only a component of an article | No certification, unless a specific TSCA rule requires one |
| Tobacco and tobacco products | No certification |
A common misconception is that a negative certification means "TSCA does not matter to me". It is the opposite: it is a signed statement that you looked and the goods are outside TSCA. If a product is a pesticide that is also used as an industrial chemical, or you cannot tell, the safe step is to find out before you choose a statement, not after.
Is your product a chemical substance, a mixture or an article?
This is where most errors begin. TSCA regulates chemical substances and mixtures. An article is, in EPA's rules, a manufactured item formed to a specific shape or design whose function depends on that shape and which does not change chemically in use. A plastic bottle is an article; the resin pellets it was moulded from are a chemical substance. Paint, adhesive, cleaning fluid and a drum of ink are mixtures.
Two cautions. First, "article" is a legal test, not a customs chapter. Liquids in a container, powders and gels are not articles, even if sold as finished consumer goods, and a substance meant to be released from an item can lose article treatment under other TSCA rules. Second, being an article takes you out of the certification only. Some TSCA rules still reach imported articles by name, and the PFAS reporting rule (below) has no article exemption at the time of writing.
The TSCA Inventory check: active, inactive and new chemicals
A chemical must be on the TSCA Chemical Substance Inventory to be imported for commercial use, unless an exemption applies. EPA publishes the non-confidential Inventory as a downloadable file, updated about every six months. EPA's page, last updated 13 August 2026, lists about 42,700 active substances (known to be in use in US commerce) and about 44,000 inactive ones.
- Active substance: importing it does not trigger a pre-import filing with EPA, but the certification and any rules attached to that substance still apply.
- Inactive substance: under the Inventory Notification (Active-Inactive) rule, 40 CFR Part 710 Subpart B, a person who plans to import an inactive substance must first file a Notice of Activity (Form B) through EPA's CDX system. As we read the rule, it is due before the activity starts and no more than 90 days before the expected start. Some activities are excused, and EPA's materials say the import of an inactive substance as part of an article is one of them. Check the exact exemptions in the rule.
- Not on the Inventory at all: this is a "new chemical". The importer normally has to submit a premanufacture notice to EPA at least 90 days before the first import (40 CFR Part 720), unless an exemption applies. A significant new use rule can impose a similar notice on an existing chemical for a listed use.
The practical point for freight is timing. A shipment that arrives before these steps are finished is, in effect, being offered for entry in violation of TSCA, and the positive certification would be false.
Exemptions that come up, and what they do not cover
Several exemptions are written for new chemical notices, not for the import certification. At a high level, EPA's new chemical rules have exemptions for small-quantity research and development, test marketing, and low-volume manufacture or import (generally capped at 10,000 kilograms a year per substance, with conditions), among others. Each has its own conditions and its own filing or record duties. They can remove the need for a premanufacture notice. They do not remove the certification: EPA states that research and development chemicals arriving by mail or commercial carrier still need one.
If someone offers you "it is only a sample" or "it is under the volume limit" as a reason to skip the statement, treat that as a prompt to read the specific exemption text and keep the paper trail, not as a conclusion.
How the certification is filed in ACE, and who signs
- Importer or authorized agent. The certifier can be the importer or its authorized agent. Most importers' customs brokers file it, under a power of attorney. See our guide on whether you need a customs broker.
- Electronic, per entry. Since 21 March 2017, electronic certifications go through ACE (the Automated Commercial Environment), using the EPA TSCA message set. CBP's 2016 final rule ended the paper blanket certification. ACE guidance from CBP lists a TS1 code for TSCA Section 13 and a separate code for the negative certification; confirm the current codes in CBP's CATAIR implementation guide.
- Certifier contact details. Each entry subject to certification needs the certifier's name, phone number and email address.
- Before release. The certification must be filed before the shipment is released. A paper statement, where allowed, goes on the entry document, invoice or an attachment.
- Knowledge standard. EPA expects the statement to rest on the importer's actual knowledge. If you do not know what is in a mixture, ask the supplier or foreign manufacturer for the composition. Documents showing a good-faith effort to check can reduce or remove a civil penalty under TSCA Section 16.
The broker cannot supply knowledge the importer never gave. Brokers file what the importer tells them, so the importer should send the chemical identity (CAS number where one exists), whether it is a substance or mixture, and the supporting supplier statement together with the commercial invoice. A single-entry or continuous customs bond is needed for the entry in the usual way; TSCA does not change that.
Reporting after the goods clear: CDR and PFAS
Chemical Data Reporting (CDR). Importers count as manufacturers. A site that imports or makes a chemical on the Inventory in quantities at or above the threshold (25,000 pounds a year for most chemicals, 2,500 for some chemicals subject to specific TSCA actions) reports to EPA about every four years. Imported articles are generally outside CDR. The 2024 cycle covered 2020 to 2023, and EPA's page gives the next submission window as 1 June to 30 September 2028.
PFAS reporting under Section 8(a)(7). This rule reaches anyone who made or imported PFAS, including as part of an article, in any year since 2011, and the rule as written has no article exemption. What has moved is the clock. The rule's submission start was pushed back repeatedly. According to trade and law-firm summaries of the 13 April 2026 final rule (91 FR 18786), the submission period now starts on the earlier of 31 January 2027 or 60 days after a further final rule. EPA's own page (updated 16 April 2026) says the November 2025 proposal to add exemptions, including for imported articles, was not final. As of 4 November 2026 we could not confirm a final exemptions rule, so check EPA's PFAS reporting page before relying on either the dates or any exemption.
Exports: the Section 12(b) notice
The other direction has its own rule. Someone who exports, or intends to export, a chemical substance or mixture that is the subject of certain TSCA actions (for example a Section 5 order, or a proposed or final Section 5 or 6 rule) must notify EPA, which then informs the importing country's government (40 CFR 707, Subpart D). Articles are generally excluded, except PCB articles, and there are concentration cut-offs: the text exempts substances below 1 percent by weight or volume and some suspected carcinogens below 0.1 percent. A forwarder handling US export chemicals should ask the exporter whether a notice was filed.
What happens if the certification is wrong or missing?
- The entry stops. CBP can refuse entry or detain the shipment until a proper certification is submitted.
- Civil penalties. Failing to comply with Section 13 is a prohibited act under TSCA, and Section 16 allows civil penalties per violation, with each day treated as a separate violation. The amount is adjusted for inflation each year and is listed in 40 CFR 19.4; the January 2025 adjustment put the main figure at $48,512, and the current table shows a slightly higher number. Check the eCFR table for the figure that applies to your date.
- Criminal exposure. Section 16 also provides for criminal penalties for knowing or willful violations. This is rare but not theoretical.
- Brokers are in the frame too. Where an agent files the statement, the agent is the named certifier on that entry, so a broker should not accept a "not subject to TSCA" instruction without some basis.
- A false statement also hurts the next shipment. It can invite closer scrutiny of other entries, so keep your import records accordingly.
How long do you keep the records?
The Section 13 text we read does not set a separate retention period for the certification. Entry records generally have to be kept for five years from the date of entry under 19 U.S.C. 1508 and 19 CFR Part 163, and that is the sensible baseline for the invoice, supplier declaration and composition data behind a certification. Other TSCA programmes set their own periods (for example three years for composite wood import records under Title VI, and five years for an Inventory Notice of Activity). Follow the longest period that applies.
The link to hazard communication and dangerous goods
TSCA clearance and shipping safety are separate systems that happen to meet on the same pallet. A solvent can be cleared under TSCA and still be a Class 3 dangerous good that needs a declaration, packaging and segregation. In the other direction, a chemical that moves as non-dangerous cargo can still need a safety data sheet under the OSHA Hazard Communication Standard (29 CFR 1910.1200), where importers are among the parties with duties to classify and pass on hazard information. Use the same supplier file for both: the composition, CAS numbers, the SDS and the transport classification. For the transport side, see the IMDG and IATA regulations, the dangerous goods declaration and the nine dangerous goods classes.
A quick checklist before you ship chemicals to the US
- Is each product a substance, a mixture or an article? Write down the reason.
- Is each substance on the TSCA Inventory, and is it active or inactive?
- If a substance is new or inactive, has the notice been filed and the waiting period run?
- Do any Section 5, 6 or 7 rules or orders name the substance?
- Is the goods description specific enough for the broker to choose the right certification?
- Are the SDS and the dangerous goods classification ready?
- Has anyone checked whether PFAS or Chemical Data Reporting duties apply to you?
What to do next
- Ask each supplier for the composition, CAS numbers and a written statement of the TSCA status (Inventory listing, any exemption relied on).
- Decide who will certify, give your broker a power of attorney, and send the chemical details with the invoice before the shipment sails.
- Keep the supplier statements and the filed certification with the entry for at least five years.
- Check the reporting duties (CDR, PFAS) once a year, and again when EPA publishes a new rule.
If you need help moving chemicals, browse the more than 29,300 logistics companies searchable by country and service in the CargoLinked directory, or post your shipment on the public requests board, which lists freight that shippers have posted for forwarders to quote on directly. Give each forwarder the composition and classification up front so the quote reflects the real handling.
This article is general information, not legal, customs or regulatory advice. TSCA rules, penalty amounts and reporting dates change. Confirm the current requirements with EPA, CBP or a licensed customs broker or compliance professional before you ship.
