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New TSCA Section 13 Requirements for Articles Containing Formaldehyde

New TSCA Section 13 Requirements for Articles Containing Formaldehyde

In a U.S. Customs and Border Protection message titled ‘Requirements for Importing Regulated Composite Wood Products’, CBP advised that beginning on March 22nd, 2019, importers are responsible for providing a Toxic Substances Control Act (TSCA) Section 13 certification for articles containing regulated composite wood products, component parts, or finished goods that contain formaldehyde.  

In the past, an importer could certify and label their product as compliant with either TSCA title VI or CARB ATCM Phase II emission standards. Now the CARB ATCM Phase II-only label by itself is NOT sufficient.  

The TSCA Section 13 Import certification will need to be in the form of a positive certification to certify compliance for regulated composite wood products that are imported articles or contained in imported articles.

However, it will not apply to chemicals otherwise regulated under TSCA which may be present in those imported composite wood product articles.  Additionally, the EPA recently published a proposed rule in the Federal Register to address several technical issues in the TSCA Title VI regulation. You can read more about the proposed rule to address certain technical issues here .

Lastly, upon EPA request, importers must make available to the EPA records that confirm compliance within 30 calendar days.

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