Positive and negative are legal categories, not favorable and unfavorable chemical test results. In its December 27, 2016 final import-certification rule, U.S. Customs and Border Protection distinguishes a statement that a shipment complies with the Toxic Substances Control Act from a statement that its chemicals are outside that law. The rule concerns entry into U.S. customs territory. [2016-31055]
The earlier proposal, published August 29, explains what the importer or customs broker was asserting. Positive certification covered compliance with applicable TSCA rules or orders and the absence of a prohibited offering for entry. Negative certification said the chemicals were not subject to TSCA. Reading that explanation alongside the final action clarifies the terminology without treating the proposal as enacted law. [2016-20546][2016-31055]
There are two important limits. Under the final text, clearly identified TSCA-excluded chemicals do not need a negative certification. For a substance or mixture contained in an article, certification is required only under a relevant TSCA rule or order. A broad statement that every imported item containing a chemical needs the same declaration would therefore miss the actual scope. [2016-31055]
The final rule permits electronic certification, keeps written entry-specific certification and removes the paper blanket process. Its stated effective date is January 26, 2017, separate from publication. These are stages of one CBP proceeding, not independent corroboration of improved safety or lower costs. The concrete change is how a legally defined assertion is submitted, with its meaning and exceptions still consequential. [2016-31055][2016-20546]
Source documents
- Toxic Substance Control Act Chemical Substance Import Certification Process Revisionshttps://www.govinfo.gov/content/pkg/FR-2016-12-27/html/2016-31055.htm
- Toxic Substance Control Act Chemical Substance Import Certification Process Revisionshttps://www.govinfo.gov/content/pkg/FR-2016-08-29/html/2016-20546.htm