Understanding When a TSCA Form Is Required
The Toxic Substances Control Act (TSCA) is a U.S. environmental law regulated by the Environmental Protection Agency (EPA). It governs the importation of chemical substances, mixtures, and certain manufactured articles that contain regulated chemicals. When shipping goods into the United States, U.S. Customs and Border Protection (CBP) may require a TSCA Import Certification to confirm that the shipment complies with EPA regulations.
When TSCA Applies
Most everyday consumer goods are not subject to TSCA. However, many materials and products do fall under TSCA rules and require a declaration when imported.
You may need a TSCA form if your shipment contains:
Chemical substances such as adhesives, coatings, sealants, cleaners, or resins
Mixtures or composite materials made with regulated chemicals
Engineered or manufactured wood products including:
MDF (medium density fibreboard)
Particle board
Plywood, OSB, laminated or pressed panels
Wood products treated with varnish, glue, resin, or chemical preservatives
Plastic, rubber, or resin based products that contain chemical additives or binders
Example:
A shipment containing particle board components required a TSCA declaration because the board was produced using resin based adhesives, which fall under TSCA regulation.
By comparison, untreated natural wood or fully finished items that do not release chemicals during normal use are typically not regulated under TSCA.
Why TSCA Matters for Customs Clearance
CBP enforces TSCA compliance at the border. If a shipment requires a TSCA declaration and one is not provided, the package may be held, delayed, or returned to the sender once the allowable customs period expires.
A TSCA certification confirms one of the following:
The product complies with the EPA’s chemical import regulations, or
The product is not subject to TSCA (for example, natural wood furniture)
Both scenarios still require a formal declaration.
Who Must Complete the TSCA Declaration
Under Section 13 of the Toxic Substances Control Act, the U.S. importer or recipient is legally responsible for providing the TSCA declaration.
However, the shipper may provide the declaration only if the U.S. importer gives written authorization for the shipper to act on their behalf.
This authorization should accompany the TSCA declaration or be referenced within the customs documentation sent to the carrier or broker.
Without authorization, the carrier or customs broker cannot legally file the declaration, which often leads to clearance delays or a return to sender.
How to Provide the TSCA Declaration in ShipTime
When creating an international shipment in ShipTime, you can upload your TSCA declaration directly within your shipment documentation.
Steps:
Go to the International Details page during shipment creation.
In the product description, clearly describe the item’s composition and intended use.
Example Description:
Particle board cabinet panel. Made of engineered wood bonded with urea formaldehyde resin. Intended for furniture assembly.
Upload your TSCA declaration file using the document upload option.
Example filename: TSCA_Certification.pdf
Providing this information upfront helps ensure smoother and faster clearance.
Common Reasons for TSCA Delays
Missing or incomplete TSCA certification
Shipper submitted the form without importer authorization
Engineered wood products described only as wood
Missing importer Tax ID or customs bond for formal entries
Accurate details and complete documentation significantly reduce the likelihood of delays or returns.
Need Help With TSCA Documentation
If you have questions about TSCA requirements or need assistance preparing your documentation, you can always contact our Heroic Support™ team. Our bilingual experts are available by phone, live chat, or email Monday to Friday from 8:30 AM to 8 PM EST.