| Title: | EIP & RLF TSCA MEMO |
|---|---|
| Date: | 1999-12-02 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : JENNIFER ZZ-ENGELBAC
SUBJECT : EIP & RLF TSCA MEMO
DATE : 12/01/1999
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AUTHOR: JENNIFER ZZ-ENGELBACH
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DEC 1 1999
ENT-1-FO:TP:I:C JE
TO : ALL ASSISTANT PORT DIRECTORS, TRADE OPERATIONS
ALL ABI CLIENT REPRESENTATIVES
TSCA CHEMICAL IMPORTERS, MANUFACTURERS, AND PROCESSORS
ALL OTHER INTERESTED PARTIES
FROM : DIRECTOR, TRADE PROGRAMS
DIRECTOR, TOXICS AND PESTICIDES ENFORCEMENT DIVISION
SUBJECT : TOXIC SUBSTANCES CONTROL ACT CERTIFICATION
REQUIREMENTS UNDER THE REMOTE LOCATION FILING
PROTOTYPES AND ELECTRONIC INVOICE PROGRAM
BACKGROUND
THE REMOTE LOCATION FILING PROTOTYPE (RLF) AND ELECTRONIC
INVOICE PROGRAM (EIP) ARE TWO ELECTRONIC ENTRY PROGRAMS OFFERED
BY THE U.S. CUSTOMS SERVICE (CUSTOMS). CURRENTLY THE PROGRAMS
ARE LIMITED TO FORMAL (01) AND INFORMAL (11) ENTRY TYPES, AND
REQUIRE THAT THE ENTRY, ENTRY SUMMARY, PAYMENT, AND INVOICE DATA
(WHEN REQUESTED BY CUSTOMS) BE FILED ELECTRONICALLY.
WHEN ENTERED MERCHANDISE FALLS UNDER THE IMPORTATION
REQUIREMENTS OF ANOTHER GOVERNMENT AGENCY, ADDITIONAL FORMS AND
CERTIFICATIONS ARE OFTEN REQUIRED. UNDER THE STATUTORY MANDATE
OF SECTION 13 OF THE TOXIC SUBSTANCES CONTROL ACT (TSCA 13),
THE SECRETARY OF THE TREASURY SHALL REFUSE ENTRY INTO U.S.
CUSTOMS TERRITORY TO ANY CHEMICAL SUBSTANCE, MIXTURE, OR ARTICLE
WHICH FAILS TO COMPLY WITH ANY RULE, ORDER OR CIVIL ACTION IN
EFFECT UNDER TSCA. THE SECRETARY OF THE TREASURY HAS
PROMULGATED A FINAL CUSTOMS RULE UNDER TSCA 13 AT 19 CFR
SECTIONS 12.118 THROUGH 12.127, AND 127.28 (AMENDED). AT 19 CFR
12.121 AND 40 CFR 707.20, IMPORTERS OF CHEMICAL SUBSTANCES IN
BULK OR MIXTURES ARE REQUIRED TO CERTIFY THAT THE SHIPMENT
EITHER COMPLIES WITH ALL APPLICABLE RULES AND ORDERS THEREUNDER,
OR IS NOT SUBJECT TO TSCA.
WITH THE PASSAGE OF THE CUSTOMS MODERNIZATION ACT, PUBLIC LAW
103-182, CUSTOMS HAS BEEN STRIVING TO ACCEPT COMPLETELY
ELECTRONIC ENTRY PACKAGES FOR AS MANY COMMODITIES AS POSSIBLE.
FOR ELECTRONIC ENTRIES FILED UNDER THE RLF AND EIP PROGRAMS,
CUSTOMS AND EPA WILL ACCEPT THE TSCA CERTIFICATION IN THE
TRANSMISSION OF THE ELECTRONIC INVOICE AS MEETING THE TSCA
CERTIFICATION REQUIREMENT IF COMPLETED AS INSTRUCTED BELOW.
ENTRIES FILED IN PAPER FORMAT SHALL CONTINUE TO BE REQUIRED TO
FOLLOW CURRENT POLICY.
IMPORTERS MAY CONTACT THE TSCA ASSISTANCE INFORMATION SERVICE
PRIOR TO ELECTRONICALLY FILING UNDER THE EIP AND RLF PROGRAMS TO
OBTAIN INFORMATION ON SPECIFIC TSCA REQUIREMENTS BY CALLING
(202) 554-1404, SENDING EMAIL TO TSCA-HOTLINEEPA.GOV, OR
WRITING TO U.S. EPA, 401 M STREET, SW. (5104), WASHINGTON, D.C.
20460.
ACTION
RLF AND EIP FILERS WILL USE THE AUTOMATION AVAILABLE IN THE
AUTOMATED INVOICE INTERFACE TO TRANSMIT THE TSCA CERTIFICATION.
FOR EACH CHEMICAL SUBSTANCE AND/OR MIXTURE, THE EIP AND RLF
FILER WILL TRANSMIT, AT THE TIME OF ENTRY, ONE OF THE FOLLOWING
CODES AS WELL AS THE NAME OF THE AUTHORIZED INDIVIDUAL AS AN
ELECTRONIC SIGNATURE IN THE COMMERCIAL DESCRIPTION FIELD OF THE
C35 RECORD.
CODE: DENOTES:
TSCA + POSITIVE CERTIFICATION FOR SHIPMENTS SUBJECT TO TSCA. I
CERTIFY THAT THE CHEMICAL SUBSTANCE ON THIS
INVOICE LINE COMPLIES 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.
TSCA - NEGATIVE CERTIFICATION FOR SHIPMENTS NOT SUBJECT TO TSCA.
I CERTIFY THAT THE CHEMICAL SUBSTANCE ON THIS
INVOICE LINE IS NOT SUBJECT TO TSCA.
CUSTOMS AND EPA HAVE COMMITTED TO WORK TOGETHER IN THE
ELECTRONIC ENVIRONMENT. EPA AND CUSTOMS WILL CONTINUE TO
MONITOR IMPORTS OF CHEMICAL SHIPMENTS TO DETERMINE IF SHIPMENTS
AND THEIR DOCUMENTATION COMPLY WITH THE CERTIFICATION
REQUIREMENTS AND SUBSTANTIVE MANDATES OF TSCA. CUSTOMS WILL
REFUSE ENTRY TO ANY SHIPMENT UNTIL CERTIFICATION IS PROPERLY
SUBMITTED. FAILURE TO COMPLY WITH THE REQUIREMENTS MAY RESULT
IN A VIOLATION OF TSCA.
IF YOU HAVE ANY QUESTIONS REGARDING THESE INSTRUCTIONS PLEASE
CONTACT MS. JENNIFER ENGELBACH OF THE OFFICE OF FIELD
OPERATIONS, TRADE PROGRAMS AT (202) 927-2293.
/S/ ELIZABETH G. DURANT /S/ JESSE BASKERVILLE
DIRECTOR DIRECTOR
TRADE PROGRAMS TOXICS & PESTICIDES ENFORCEMENT DIV.
U.S. CUSTOMS SERVICE U.S. ENVIRONMENTAL PROTECTION AGENCY