Every industrial chemical imported into the United States must comply with the Toxic Substances Control Act. TSCA is the EPA’s primary law governing the manufacture, import, and use of chemical substances. For importers of Chinese industrial chemicals, TSCA compliance is a mandatory step — not an optional one — and CBP enforces it at the port of entry.
This guide explains what TSCA requires and how to keep your imports compliant.
What Is TSCA?
The Toxic Substances Control Act was signed into law in 1976 and substantially amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA). The EPA administers TSCA through its Office of Pollution Prevention and Toxics (OPPT).
TSCA’s core function: it requires that chemical substances manufactured in or imported into the United States be either listed on the TSCA Chemical Substances Inventory (the “Inventory”) or be subject to a valid exemption. Chemicals not on the Inventory and not exempt cannot legally be imported.
The TSCA Chemical Substances Inventory
The TSCA Inventory contains more than 86,000 chemical substances. This is the master list of chemicals with approved status for commerce in the United States.
When a chemical is on the Inventory, your customs broker certifies on your import entry that the substance complies with TSCA. This certification is one of three:
Positive Certification: “I certify that all chemicals 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.”
Negative Certification: “I certify that all chemicals in this shipment are not subject to TSCA.” This applies to chemicals covered by other federal laws (pesticides regulated under FIFRA, drugs under FDCA, food additives, etc.) or to articles.
Exempt from TSCA: Applies to specific exempted categories.
Most industrial chemicals — solvents, pigments, polymer additives — fall under Positive Certification. Your customs broker includes this certification in your Customs Entry Summary (CBP Form 7501).
Checking the TSCA Inventory
The EPA maintains the TSCA Inventory online at the EPA TSCA Chemical Substances Inventory database. Search by CAS number or chemical name.
The Inventory has two designations:
- Active: The substance has been manufactured or imported in the US in the past 10 years. Import and commerce are permitted.
- Inactive: Listed on the Inventory but not in active commerce. To begin importing an inactive substance, you must submit a Notice of Activity (NOA Form B) to the EPA — a relatively low-burden administrative step.
For most standard industrial chemicals, the Inventory status is Active. Examples:
- Isopropyl Alcohol (CAS 67-63-0): Active on TSCA Inventory
- Methyl Ethyl Ketone (CAS 78-93-3): Active on TSCA Inventory
- Titanium Dioxide (CAS 13463-67-7): Active on TSCA Inventory
New Chemicals: Pre-Manufacture Notices (PMN)
If a chemical substance is not on the TSCA Inventory at all, you cannot import it without first submitting a Pre-Manufacture Notice (PMN) to the EPA under Section 5 of TSCA.
The PMN review process takes a minimum of 90 days. The EPA reviews the substance for potential risks. Possible outcomes: unrestricted approval, approval with risk management conditions (a Significant New Use Rule or SNUR), or prohibition.
In practice, most importers of standard industrial chemicals from China do not encounter new chemical situations. Where it does arise: novel battery materials, new pharmaceutical intermediates, or newly synthesized specialty chemicals without a prior US commerce history.
Significant New Use Rules (SNURs)
A SNUR is a regulation under TSCA Section 5(a)(2) that restricts specific new uses of a chemical substance, even if that substance is already on the Inventory. Before anyone can begin the new use, a Significant New Use Notice (SNUN) must be filed with EPA.
NMP (CAS 872-50-4) is a prominent example. NMP is on the TSCA Inventory and can be imported for industrial and commercial uses including battery manufacturing. However, EPA has finalized risk management rules for NMP under TSCA that restrict certain consumer applications and set workplace exposure limits for industrial uses. Importers must ensure their buyer’s end use falls within permitted categories and that appropriate workplace controls are documented.
Acrylonitrile (CAS 107-13-1) is designated a High-Priority Substance under TSCA and is undergoing risk evaluation. Existing commercial imports are permitted while the evaluation proceeds, but new or expanded uses may face additional scrutiny.
Importer Obligations vs. Manufacturer Obligations
Under TSCA, the importer stands in the shoes of the manufacturer for compliance purposes. This means:
- The importer is responsible for TSCA certification, not the Chinese factory.
- The importer must verify that the substance is on the Inventory before it ships — not after it arrives at the port.
- The importer bears liability if the substance violates TSCA, even if the error originated with the Chinese exporter.
This matters practically: do not rely solely on the Chinese factory’s statement that a substance is “TSCA compliant.” Verify it yourself through the EPA Inventory database.
What Happens at CBP If Something Is Wrong
US Customs and Border Protection enforces TSCA compliance at the port of entry. CBP uses TSCA certifications on import entries as the primary compliance check. If an entry lacks a TSCA certification, or if CBP has reason to question the accuracy of the certification, the agency can:
- Issue an Informal Entry Hold
- Refer the shipment to EPA for review
- Issue a Redelivery Notice requiring the importer to redeliver the merchandise
- Seize the merchandise in cases of deliberate violation
EPA can also assess civil penalties of up to $56,467 per day per violation for TSCA violations — these are per-day penalties, not per-shipment.
In practice, CBP catches errors most commonly when:
- The TSCA certification is missing from the entry
- The CAS number on the entry does not match the Inventory
- The chemical name on the invoice differs from the TSCA Inventory name in a way that triggers a review flag
Chemical Data Reporting (CDR)
Large-volume importers should also be aware of CDR requirements. Under TSCA Section 8(a), companies that manufactured or imported 25,000 lbs or more of a listed chemical substance in a single calendar year during a reporting period must file a Chemical Data Report with EPA. CDR reporting occurs every four years.
First-time chemical importers may not be aware of CDR. The penalties for non-reporting are substantial. If your import volumes exceed 25,000 lbs (~11.3 MT) per year for any single chemical, add CDR tracking to your compliance calendar.
TSCA vs. REACH: Key Differences
Many US importers who also do business in Europe encounter REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), the EU’s chemical regulation administered by ECHA. The two frameworks are related but distinct:
- REACH requires chemical manufacturers and importers to register substances at volumes above 1 MT/year and prepare Chemical Safety Reports for high-volume substances.
- TSCA does not require registration fees or Chemical Safety Reports for substances already on the Inventory. It focuses on notification before new substances enter commerce.
- REACH SVHCs (Substances of Very High Concern) may appear on an SVHC candidate list restricting use in articles — a separate framework from TSCA’s risk evaluation process.
A substance on the TSCA Inventory is not automatically compliant with REACH, and vice versa. If you ship to both US and European markets, you need parallel compliance tracking.
Practical Steps for New Chemical Importers
- Before finalizing a purchase order: Run the CAS number through the EPA TSCA Inventory database. Confirm Active status.
- Check for SNURs: Search the EPA SNUR page for the CAS number. If a SNUR exists, read it carefully before importing.
- Coordinate with your customs broker: Confirm your broker knows how to code the TSCA certification correctly for the specific chemical.
- Obtain the SDS in English: The SDS should list the CAS number and proper chemical name. Cross-reference against the Inventory.
- Track CDR obligations: If you import more than 11 MT/year of any substance, add CDR filing to your compliance calendar.
- Maintain records: TSCA requires importers to maintain import records for three years. Keep COAs, invoices, and entry documentation organized by CAS number.
TSCA compliance is not complicated once you have a checklist and a competent customs broker. The cost of getting it wrong — shipment seizure, penalty assessments, and supply chain disruption — far exceeds the cost of getting it right.