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UPDATE: EPA, TSCA And Wood Products

Posted by Ascent Global Logistics on Apr 4, 2019 11:28:09 AM

The Formaldehyde Standards for Composite Wood Products Act, also known as the TSCA Title VI, was fully implemented as of March 22, 2019 following a nine-year waiting period.

Composite wood products required to be certified as emission compliant by CARB and EPA recognized Third-Party Certified (TPC) starting on May 22, 2017. From May 22, 2017 through March 22, 2019, products regulated by TSCA Title VI had to be labeled as TSCA Title VI or CARB ATCM Phase II compliant.

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Effective March 22, 2019, these products must now be labeled as TSCA Title VI compliant and an import certification is required. See the Final Rule here and Official EPA Court Order / Compliance Date publication here.

What does this new TSCA Title VI require?

According to the EPA:

  1. Composite wood products must be tested and certified. Only compliant products can be entered.
  2. Composite wood products must be certified by an EPA-recognized third-party certifier.
  3. Hardwood Plywood, MDF (including thin MDF) and particleboard are affected.
  4. The new regulation requires additional record-keeping, reporting and labeling.
  5. Applications and notifications submitted to the EPA must be done through the EPA Central Data Exchange.

Which products are affected?

The following products are affected by this measure:

  1. Hardwood Plywood
  2. MDF, including thin MDF
  3. Particleboard

Which products are exempted?

The following are included in the exemption list:

  1. Hardboard
  2. Structural plywood
  3. Structural panels
  4. Wood packaging such as pallets, crates, spools
  5. Certain windows, exterior doors and garage doors
  6. Refurbished or antique furniture
  7. Composite wood products used inside a new vehicle other than a recreational vehicle

*Please note: this list is not exhaustive.

Who must comply?

  1. Panel producers
  2. Fabricators
  3. Third-party certifiers
  4. Importers, distributors and retailers

How can importers comply?

Importers should make sure they:

  1. Purchase only compliant wood products.
  2. Ensure labels are on the individual items or on file for bundled goods.
  3. Ensure all resold wood can be verified for the buyer.
  4. Provide Import Certification for all imported articles.
  5. Keep records for a period of three years from import date.
  6. Be able to provide requested records to EPA within 30 days of request.
  7. Verify and be sure to include the following certifications on commercial invoices or separate documentation:
"I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA."

Importers should also be aware that even if their products’ Harmonized Tariff System code is not flagged, all products that could be subject to the rule that contain regulated composite wood might need a TSCA Title VI certification.

Make sure to read these tips for trade when filing an EPA TSCA Certification in ACE for additional information including entry processing instructions. An additional FAQ document can be found here. Finally, the EPA has provided a list of Harmonized Tariff Schedule (HTS) codes that may be subject to the Toxic Substances Control Act (TSCA) Section 13 import certification, as required by the Formaldehyde Standards for Composite Wood Products final rule, published December 12, 2016.

If you have additional questions about the latest update on EPA, TSCA and Wood Products, please contact us or reach out to your Ascent Global Logistics representative directly.

Topics: Regulatory Compliance, International Freight Forwarding, Monthly Compliance Circular

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