- To : Partner Government Agencies
Subject: Initial (Partial) Identification of HTS Codes for EPA TSCA Pilot
On February 10, 2016, U.S. Customs and Border Protection (CBP) published a Federal Register
Notice (FRN 2016–02716) announcing the modification of the National Customs Automation Program (NCAP) testconcerning the Automated Commercial Environment (ACE) and the use of the Partner Government Agency (PGA) Message Set for the transmission of Environmental Protection Agency (EPA) Toxic Substances Control Act
(TSCA) certification data.
It is the responsibility of the importers to certify that imported chemicals either comply with TSCA
(positive certification) or are not subject to TSCA (negative certification). Certain chemicals require no certification. See CBP regulations at 10 CFR 12.118 - 12.121. The Toxic Substances Control Act Hotline
([email protected]) is available to answer general questions about TSCA import and export requirements. The TSCA Hotline operates Monday through Friday, from 8:30 a.m. to 5:00 p.m. Eastern time. Call (202) 554-1404. FAX requests for documents are received every day, at all times, on (202) 554-5603.
The Harmonized Tariff Schedule (HTS) code descriptions do not, in most cases clearly identify specific
chemicals. But some HTS codes are sufficiently associated with chemicals requiring certification that
flagging will assist importers in meeting their certification obligations. Over the next few years, as theHTS codes for TSCA certification reporting are confirmed, EPA will flag appropriate HTS codes for the
TSCA PGA Message Set. As the first step, EPA has identified a partial list of HTS codes which are a subsetof a much larger set of codes to flag for the TSCA PGA Message Set. This is not a complete or final list
of flagged HTS codes. Importers are responsible for reporting all required TSCA certifications, whether ornot the HTS code has been flagged or not. HTS codes flagged as ‘EP7’ indicate ‘EPA TSCA May be Required’
and those flagged as ‘EP8’ indicate ‘EPA TSCA Required’.