Stop Port Holds: TSCA Import Certification for Logistics Teams

If you import chemical substances, mixtures, or articles containing chemicals into the United States, you must file a TSCA import certification with U.S. Customs and Border Protection, either positive or negative, before your shipment clears. The immediate next step is filing through the Automated Commercial Environment, or by paper when ACE doesn’t apply, and confirming your certifier’s name, email, and phone number are attached to the entry. When questions come up, the EPA’s TSCA import guidance and CBP are your two primary contacts, along with the TSCA hotline at 202-554-1404.

TL;DR:

• Importers must file a signed TSCA certification through ACE or on paper before shipment clearance, with contact details of the certifier easily verifiable.
• The certification must be either positive, confirming compliance with TSCA rules, or negative, stating the chemical is outside TSCA scope, with no third option available.
• The responsible party can be the importer or an authorized agent like a licensed broker, but liability remains solely with the importer.
• Accurate chemical composition data and supplier documentation, such as SDS and COA, are critical to avoid detention or rejection at port.
• Building a routine testing and data verification process into procurement minimizes risks of shipment delays relating to TSCA compliance.

Who Has to Sign the TSCA Import Certification?

The importer of record carries the legal responsibility for TSCA certification, but the importer doesn’t have to be the one who signs it. An authorized agent, typically a licensed customs broker acting under a power of attorney, can execute the certification on the importer’s behalf. That delegation doesn’t transfer liability. If the certification turns out to be false or incomplete, the importer is still on the hook, regardless of who typed the entry.

Every certification, positive or negative, must include three specific pieces of contact information tied to the person making the claim, according to EPA guidance:

• The certifier’s full name
• A working email address
• A direct telephone number

Brokers who file hundreds of entries a week usually build these fields into their standard templates so nothing gets left blank at the last minute. If you work with a broker, confirm during onboarding, not during a shipment holdup, that they have your authorization on file. Our guide on customs power of attorney walks through what that authorization needs to cover.

Blanket certifications add another layer. Under 19 CFR 12.121, an importer can file one certification statement covering multiple shipments of the same chemical over a defined period, rather than certifying every single entry from scratch. CBP has to approve the blanket arrangement, and the certification still has to be referenced correctly on each invoice that falls under it. Skip that reference and CBP will treat the shipment as uncertified.

What Do the Positive and Negative Certification Statements Actually Say?

The wording isn’t optional or improvised. EPA and CBP expect one of two specific statements on your entry documents, and picking the wrong one is a common way shipments get flagged.

The positive certification reads, in substance: “I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder.” Signing this affirms compliance with Section 5 premanufacture requirements, Section 6 restrictions, Section 7 imminent hazard actions, and any outstanding EPA orders that touch your product.

The negative certification reads: “I certify that all chemicals in this shipment are not subject to TSCA.” This applies when your shipment falls outside TSCA’s scope entirely, common with pesticides regulated under FIFRA, certain foods and drugs covered by the FD&C Act, and other categories TSCA explicitly excludes.

The EPA’s own import guidance makes clear that import certification with one of these two statements is required for chemical imports unless a specific exclusion applies. There’s no third option and no blank space.

Choosing between them gets harder when you don’t have full composition data from your supplier. That’s a sourcing problem, not a paperwork problem. Build a standing requirement into your purchase orders that suppliers provide a safety data sheet and a composition breakdown before the goods ship, not after CBP asks for it.

A workable template for a positive certification on a commercial invoice looks like: “This shipment complies with TSCA. Certifier: [name], [email], [phone].” Keep it short, keep it attached to the invoice or entry summary, and keep the contact details current.

How Do You File the Certification With ACE, Paper, or a Blanket?

Filing has to happen before your shipment is released, not after. Here’s the practical order of operations most brokers follow:

1. Confirm ACE eligibility first. CBP requires electronic filing through the Automated Commercial Environment for nearly all TSCA certification submissions, a requirement that took full effect in 2017. If your broker files electronically, the certification data gets transmitted as part of the entry summary.
2. Use paper only when ACE genuinely doesn’t apply. Some low-volume or manual entries still route through paper documentation, in which case the certification statement needs to physically accompany the invoice or entry paperwork CBP reviews at the port.
3. Set up a blanket certification if you’re a repeat importer of the same chemical. Under 19 CFR 12.121, CBP can approve a blanket statement covering a defined time period, and each subsequent invoice needs to cite it correctly.
4. Confirm placement on the invoice. The certification statement, whether positive or negative, needs to sit where CBP examiners expect to find it, typically on or attached to the commercial invoice.

Pro Tip: Ask your broker for a copy of the exact certification language they’re filing on your behalf before your first shipment moves. Catching a mismatched statement on entry three is a lot cheaper than catching it after CBP detains entry one.

Our breakdown of the customs clearance process covers where certification fits relative to other entry documents CBP reviews.

Do New Chemical Rules or Section 6 Orders Change What You Can Import?

Sometimes, and this is where importers get caught off guard. A chemical that was perfectly importable last year can become restricted or conditioned without much warning if EPA issues a new rule against it.

A Premanufacture Notice (PMN) or Significant New Use Notice (SNUN) applies when a chemical substance is genuinely new to commerce or is being used in a way EPA hasn’t reviewed before. EPA has a 90-day review window on a PMN, and until that review closes, importing the substance ahead of clearance is a real risk, not a technicality.

A Significant New Use Rule (SNUR) works differently. It flags a specific use of an already-listed chemical as requiring advance notice to EPA before that use can proceed, which means your positive certification could be inaccurate if your product falls under a use EPA has restricted. Section 6 orders go further, prohibiting or conditioning a chemical’s import outright when EPA determines it poses an unreasonable risk.

Before you certify anything, check the TSCA Inventory to confirm your substance is listed for the use you’re importing it for:

• If the substance is public on the Inventory, cross-check for any SNUR or Section 6 restriction tied to it.
• If it’s not on the public Inventory, you may need the “bona fide” intent-to-manufacture-or-import procedure to determine its status, or you may need to file a PMN or SNUN yourself, according to EPA’s compliance guide.
• Document any PMN or SNUN case number tied to your product. It’s the evidence that supports your positive certification if EPA or CBP ever asks.

Article status doesn’t automatically get you off the hook either. The exemption for “articles” that contain a regulated chemical is a genuinely complex legal distinction, and some categories, like composite wood products, carry their own separate TSCA rules regardless of article status.

What Documents and Checklists Do You Need Before Filing?

Get your paperwork assembled before your shipment leaves the origin port, not while it’s sitting at a U.S. port of entry accruing demurrage. EPA’s own TSCA Section 13 import compliance checklist walks through a stepwise analysis covering Inventory status, PMN/SNUN applicability, and exemptions, and it’s worth running your product through it before your first shipment, not your fifth.

Carrier certification forms follow a fairly standard layout. A blank TSCA certification form typically includes:

• A checkbox for positive or negative certification
• Certifier name, phone, and email fields
• Shipment or airway bill reference number
• Signature and date line

Recordkeeping isn’t a one-time exercise. Retain certification records and supporting documents for the period CBP and EPA can reasonably request them during an audit, and be ready to produce the SDS, COA, and any PMN/SNUN case numbers on short notice if a shipment gets flagged for review.

What Mistakes Actually Get Shipments Held at the Port?

Most TSCA holds trace back to a small handful of avoidable errors, and almost none of them involve exotic chemistry. They’re paperwork gaps.

• Missing certification statement entirely, often because a new SKU wasn’t flagged as chemical-containing during setup
• Wrong statement type, certifying “not subject to TSCA” on a product that actually is
• Incomplete or outdated certifier contact information
• Article misclassification, assuming a manufactured item is exempt when the chemical inside it isn’t
• Incomplete composition data from a supplier, leaving the importer unable to certify accurately

When CBP detains a shipment for a TSCA issue, Customs and EPA coordinate the response. CBP holds the goods at the port, and EPA can be asked to review the entry’s compliance status. From there, you generally have a few paths: correct the documentation and resubmit, export the goods, or in the worst case, abandon or destroy them if EPA determines they can’t legally enter.

Pro Tip: If a shipment gets detained, contact your broker and the TSCA hotline (202-554-1404) the same day. Detention windows are short, and every day you wait to respond is a day of storage fees at the port.

The best fix is upstream. Build supplier traceability into your sourcing process so composition data arrives with the purchase order, not after a hold notice.

How Should Logistics Teams Operationalize This Day to Day?

Treat TSCA certification the same way you treat a customs bond or an FBA labeling requirement: a fixed step in your shipment workflow, not an occasional research project.

1. Before booking the shipment, collect the SDS, COA, and any supplier composition statement, and check the TSCA Inventory for the substance’s listed status.
2. When handing off to your broker or forwarder, confirm who is filing the certification, whether it’s ACE or paper, and make sure certifier contact details are current on file.
3. At entry, verify the certification statement, positive or negative, matches what your product actually requires, and reference your blanket certification number if one applies.
4. After clearance, retain every document tied to the shipment and keep a running log of PMN/SNUN case numbers for products that required new-chemical review.
5. If a question comes up mid-transit, escalate to EPA’s TSCA hotline or your broker immediately rather than waiting for a hold notice to force the issue.

Freight forwarders who move chemical-containing inventory from China to U.S. fulfillment centers on a regular basis end up building this checklist into their standard operating procedure, because a single missed certification can stall an entire replenishment cycle during peak season. Guidance from our customs broker versus freight forwarder breakdown is worth reading if you’re not sure which party on your supply chain should own this step.

Where to Verify TSCA Import Rules Directly

Bookmark the primary sources instead of relying on secondhand summaries. The EPA’s TSCA import and export requirements page and the Section 13 compliance checklist are agency guidance. 19 CFR 12.121 is the actual regulatory text governing certification and blanket filings. CBP’s ACE guidance covers electronic filing mechanics, and the blank certification form shows the fields carriers expect filled in.

Get Certification Right Before It Costs You a Shipment

Move enough inventory from China to U.S. fulfillment centers and TSCA certification stops being a one-off legal question and becomes a recurring operational risk. This process can be integrated into DDP workflows for small and mid-sized Amazon sellers, coordinating customs clearance, compliance documentation, and delivery under one workflow so certification doesn’t become the reason your stock misses a peak season deadline. If you’re shipping chemical-containing products regularly, our freight forwarding service from China to the USA handles the customs side while you focus on sourcing and sales.

The Part Most Importers Get Backwards

Most compliance advice treats TSCA certification like a form to fill out correctly. It’s actually a legal declaration you’re making to the federal government about the composition of goods someone else manufactured. That distinction changes how you should think about it: the paperwork is the easy part, and the hard part is having accurate composition data before you sign anything.

The conventional advice tells importers to “consult a customs broker,” which is true but incomplete. A broker can file your certification flawlessly and you can still get detained if the underlying data from your supplier was wrong or incomplete. The real fix sits upstream, in procurement, not in the customs paperwork.

If you take one thing from this, prioritize building an SDS and composition-data requirement into your supplier onboarding before you prioritize anything about ACE filing mechanics or blanket certification approvals. The filing systems are well documented and your broker already knows them. What most importers lack is a reliable pipeline of accurate chemical composition data from overseas suppliers, and that’s the gap that actually causes detentions.

— Keven

This article is general information for logistics planning, not legal, customs, or tax advice. Confirm your own product status with a licensed broker, qualified counsel, or the relevant agency before shipping.

Sources

• TSCA Requirements for Importing Chemicals | US EPA
• Blank TSCA certification form (sample PDF)
• How to use ACE | U.S. Customs and Border Protection

FAQ

Who Can Certify a TSCA Import Statement?

The importer of record or an authorized agent, such as a licensed customs broker acting under a power of attorney, can sign the certification. The importer remains legally responsible for its accuracy regardless of who signs it.

Who Fills Out a TSCA Certification Form?

Either the importer directly or their broker fills out the form, but the certifier’s name, email, and telephone number must appear on it regardless of who completes the paperwork, per EPA requirements.

How Do I Know if My Shipment Is Subject to TSCA?

Check whether your substance appears on the TSCA Inventory for its intended use, and confirm it isn’t specifically excluded, such as pesticides or FD&C-regulated items. The EPA’s Section 13 checklist walks through this determination step by step, and if the substance isn’t publicly listed, the bona fide procedure or a PMN/SNUN filing may be required.

Where Can I Find a Sample TSCA Certification Form?

Carrier and agency templates showing the required checkboxes and certifier fields are publicly available, including a blank TSCA certification form that mirrors the format most freight carriers use.