NCBFAA questions CBP’s proposed chemical shipment requirement

The National Customs Brokers and Forwarders Association of America told U.S. Customs and Border Protection that it objects to requiring a toxic substances certificate for each chemical shipment import entry filed in the agency’s new computer system.    The National Customs Brokers and Forwarders Association of America (NCBFAA) told U.S. Customs and Border Protection (CBP) that it objects to requiring a toxic substances certificate for each chemical shipment import entry filed in the agency’s new computer system, the Automated Commercial Environment (ACE).
   CBP released a proposed rule on Aug. 29 that would require entry filers in ACE, many of whom are customs brokers, to include a Toxic Substances Control Act (TSCA) certification when importing chemical products.
   Prior to ACE, a “positive” or “negative” TSCA certification could appear as a printed or stamped statement on the commercial invoice or entry document. A blanket certification could also be filed annually at the port of entry.
   “Now, as entry filing in ACE becomes an option for imports subject to TSCA, CBP is proposing to eliminate the blanket certification process altogether and to require certification information to be provided at entry filing not only for chemical imports subject to TSCA, but for all chemical imports not subject to TSCA, as well, even if they are clearly identified as non-TSCA regulated products,” NCBFAA said.
   This requirement would include products such as pesticides, food, food additives, drugs, cosmetics or devices, nuclear material, firearms and ammunition. “All of these products are already subject to reporting to EPA (Environmental Protection Agency) or to other agencies under other laws,” the association added.
   CBP said the cost to submit roughly 2.5 million TSCA positive certifications and 230,000 negative certifications will be minimal to the industry, which the NCBFAA disputes.
   “In our view, requiring a negative certification for these non-TSCA products is an overreach that is incompatible with Executive Order 13659, Streamlining the Export/Import Process for America’s Businesses, which aims to simplify and streamline trade processes at the border,” wrote NCBFAA President Geoffrey Powell in a letter to William R. Scopa, CBP’s branch chief for Partner Government Agency, part of the Office of Trade’s Trade Policy and Programs.
   NCBFAA also warned the proposed rule does not address how TSCA certification requirements will apply to so-called informal entries, or those valued at $2,500 or less.
   “How will CBP know if [an informal entry] complies with TSCA or not? CBP needs to address how it will meet this contingency for TSCA-regulated product,” Powell said.