TSCA Chemical Rules: How the Toxic Substances Control Act Impacts International Trade

Introduction

Any company that manufactures, imports, or moves chemicals — or products containing chemicals — into or out of the United States operates under the authority of the Toxic Substances Control Act (TSCA). Administered by the U.S. Environmental Protection Agency (EPA), TSCA governs reporting, testing, and use restrictions applied to chemical substances and mixtures in U.S. commerce. For international supply chain stakeholders, TSCA is a border-enforced compliance regime that determines whether a chemical shipment clears U.S. Customs and Border Protection (CBP), whether a product line can legally be sold, and whether an importer of record faces civil or criminal liability. Understanding TSCA's core mechanisms — and how they intersect with HS code classification, dangerous goods rules, and precursor chemical controls — is essential for freight forwarders, manufacturers, and project-based industries moving chemical-containing goods across borders.

TSCA Overview

TSCA was enacted in 1976, giving EPA statutory authority under 15 U.S.C. § 2601 et seq. to require reporting, recordkeeping, testing, and use restrictions relating to chemical substances and mixtures. Certain categories are excluded, including food, drugs, cosmetics, pesticides, tobacco products, and nuclear materials, which fall under other federal statutes.

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act substantially amended TSCA, giving EPA a mandatory duty to evaluate existing chemicals against a risk-based safety standard and stronger authority to restrict or ban chemicals presenting unreasonable risk.

Central to TSCA is the TSCA Chemical Substance Inventory, maintained by EPA under Section 8(b), which lists every chemical substance manufactured, processed, or imported in the U.S. for a non-exempt commercial purpose. First published in 1979, the Inventory has grown to more than 86,000 chemicals. Chemicals are classified as "active" or "inactive" in commerce, and a substance not on the Inventory is a "new chemical substance," generally requiring a Premanufacture Notice (PMN) to EPA at least 90 days before manufacture or import can begin.

Import Requirements

TSCA Section 13 requires that chemical substances offered for entry into U.S. customs territory be certified as compliant. Importers must file either a positive certification — confirming the shipment complies with all applicable TSCA rules — or a negative certification, stating the imported substance, mixture, or article is not subject to TSCA. Certification is filed electronically through CBP's Automated Commercial Environment (ACE) system as part of the entry, referencing the applicable EPA certification statement.

CBP enforces TSCA at the border in partnership with EPA. Shipments lacking proper certification, or found to contain substances not on the Inventory, subject to a SNUR, or otherwise restricted, are subject to detention, redelivery demands, civil penalties (which under TSCA Section 16 can reach tens of thousands of dollars per day per violation), criminal referral for knowing or willful violations under Section 15, and forced re-exportation or destruction if compliance cannot be achieved.

Because certification errors are typically discovered at the border, after freight is already in transit, pre-shipment screening of chemical identity and TSCA status is a critical step in any import compliance program.

Key TSCA Rules Affecting Trade

TSCA Inventory Status. Before importing any chemical substance, an importer must determine whether it is listed on the Inventory. Existing (Inventory-listed) chemicals may generally be imported without additional EPA notification, subject to applicable restrictions; chemicals absent from the Inventory require a PMN and EPA review before import may proceed.

Significant New Use Rules (SNURs). Under TSCA Section 5, EPA can designate a "significant new use" of a chemical substance — even one already Inventory-listed — that requires a Significant New Use Notice before that use may begin. Importers must verify their intended use does not trigger an unreported significant new use.

Risk Evaluations and Restrictions. Under TSCA Section 6, as amended in 2016, EPA must evaluate whether a chemical presents an unreasonable risk to health or the environment and issue risk management rules where warranted. These can prohibit or restrict manufacture (including import), processing, distribution, and use — and Section 12(a)(2) allows EPA to apply such restrictions even to substances manufactured or distributed solely for export.

Chemical Data Reporting (CDR). Under TSCA Section 8(a), manufacturers and importers exceeding applicable production volume thresholds must periodically report chemical identity, production volume, and use information to EPA through the CDR rule, on a recurring multi-year cycle.

Recent EPA Actions on PFAS, Asbestos, and Solvents. EPA has finalized several Section 6 risk management rules of trade relevance, including a 2024 rule banning chrysotile asbestos, a 2024 rule restricting methylene chloride (applicable even to export-only activities), and finalized rules for carbon tetrachloride, perchloroethylene, and trichloroethylene. EPA has also pursued PFAS reporting requirements under Section 8(a). Importers should monitor EPA and Federal Register notices, as compliance dates and rule scopes continue to be adjusted.

Interaction with Other Regulations

TSCA compliance does not operate in isolation from a shipment's broader compliance profile. HS code classification determines how CBP processes an entry, but classification alone does not establish TSCA status — a product can carry a routine HS code while containing a substance subject to Inventory requirements, a SNUR, or a Section 6 restriction, so both must be checked together. Many TSCA-restricted chemicals are also regulated as hazardous materials for transportation under U.S. DOT rules (49 CFR), with corresponding UN numbers and hazard classes; Hazchem classification governs packaging, labeling, and transport, while TSCA status governs whether the substance may be manufactured, imported, or used at all, requiring independent verification of each. Certain TSCA-regulated chemicals are also listed precursor chemicals under separate controlled-substance and export control frameworks, so screening against precursor watchlists in addition to TSCA status closes a gap that HS code or TSCA screening alone would miss. Effective compliance programs treat all three — HS code, Hazchem, and precursor chemical screening — as layers that must be checked for every chemical-relevant shipment.

Impact on International Supply Chains

TSCA's reach extends well beyond chemical manufacturers. Manufacturers and formulators must confirm Inventory status, manage PMN and SNUN filings, and track CDR reporting. Importers and customs brokers bear liability for accurate positive or negative TSCA certification at entry. Freight forwarders need visibility into TSCA-restricted or SNUR-flagged substances to avoid facilitating shipments that will be detained. Project-based industries — oil and gas, mining, renewable energy, and construction — routinely import specialty chemicals, coatings, solvents, and treatment compounds (many now subject to recent EPA Section 6 restrictions) as part of equipment packages, often without dedicated in-house chemical compliance staff.

For all of these stakeholders, the risk is the same: a single undeclared or misclassified chemical substance can result in border detention, penalties, and costly delays to project timelines or supply commitments.

Conclusion

TSCA compliance requires continuous verification against a regulatory landscape that changes as EPA updates the Inventory, issues new SNURs, finalizes risk management rules, and adjusts CDR thresholds. Because TSCA status, HS classification, transport hazard classification, and precursor chemical controls are governed by separate frameworks that frequently apply to the same substance, supply chain stakeholders benefit from compliance screening that checks all these layers together rather than in isolation. Platforms such as ACCEL and TradeAlly support this approach by incorporating Hazchem Class ID screening and Precursor Chemical screening alongside HS code and sanctions verification, helping importers, exporters, and freight forwarders identify TSCA-relevant chemical risks before a shipment reaches the border.