2019 Toxic Substance and Chemical Act (TSCA) Changes

Posted on April 30, 2019

The Toxic Substance and Chemical Control Act of 1976 addresses the “production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon and lead-based paint.”  In 2016, the Customs and Border Protection and the U.S. Environmental Protection Agency (EPA) proposed changes to the act that would add formaldehyde emissions in wood and wood products to the list of products requiring TSCA compliance measures. On December 12th, 2016 the EPA issued a list of Harmonized tariff codes that would be subject to the new changes. In summary, it was agreed any product entering the United States, that had composite wood or wood products, would require a statement of compliance.

Over the years, the compliance measures surrounding the importation of composite wood or wood products took many forms. For example, in June 2018 a wood article could be considered complaint under the TSCA Title VI or the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II emission standards via a simple labeling of the product.

On March 2nd, 2019 the EPA changed TSCA regulations effecting US importation of composite wood or wood product. If the good was previously CARB ATCM compliant, products must now undergo additional accreditation requirements to remain compliant. Further, laminated products not exempted from the definition of hardwood plywood must be tested and certified as meeting the hardwood plywood formaldehyde emission standard beginning March 22, 2024.  

Importers who are in the business of importing composite wood or wood products should begin reviewing their supply chains in advance of the 2024 regulatory changes to ensure compliance with the new requirements. If you would like any additional information on how the TSCA regulations could affect your business, or have any questions, please contact Allyn at (239) 489-9900 or you can email us at sales@allynintl.com.

Contributor: Heather Oskvarek


References:

https://www.epa.gov/laws-regulations/summary-toxic-substances-control-act

https://www.epa.gov/formaldehyde/frequent-questions-consumers-about-formaldehyde-standards-composite-wood-products-act#requirements

https://www.regulations.gov/document?D=EPA-HQ-OPPT-2017-0243-0002

https://www.epa.gov/formaldehyde/formaldehyde-emission-standards-composite-wood-products


About Allyn International 

Allyn International is dedicated to providing high quality, customer centric services and solutions for the global marketplace. Allyn's core products include transportation management, logistics sourcing, freight forwarding, supply chain consulting, tax management and global trade compliance. Allyn clients range from small local businesses to Fortune 500 firms. Allyn conducts business in more than 20 languages and has extensive experience in both developed and emerging markets. Highly trained experts are positioned throughout North and South America, Europe and Asia. Allyn’s regional headquarters are strategically located in Fort Myers, Florida, U.S.A., Shanghai, P.R. China and Prague, Czech Republic. For more information, visit www.allynintl.com.


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