Importation of Chemical Substances into the United States
All chemical substances, including carbon nanotubules, imported directly into this country and used for research purposes must have a completed import certification accompanying it. The customs officer will look for this certification with the package's shipping papers and if it is not found will hold up the shipment or return it to the sender. Therefore it is essential for the appropriate certification statement to accompany imported materials. In almost all cases this certification should be a "positive" certification statement worded as follows:
"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."
It is also desirable to place the following words on the certification or the purchase order:
"This chemical substance will be used for research purposes only".
As long as you are using the imported chemical substance for research purposes and following the guidance in this document, the certification described above is applicable and factual.
For a small number of chemical substances imported into this country for research purposes a "negative" certification statement is appropriate (rather than a positive statement). The chemical substances that fall into this category include - pesticides, nuclear materials, food, food additives, drugs, cosmetics, or medical devices. The "negative" certification statement should be worded as follows:
"I certify that all chemicals in this shipment are not subject to TSCA".
A "TSCA Import Certification Form" should be downloaded (the link to an Adobe pdf formated document can be found in the right margin), completed, and submitted with your purchase order to the foreign vendor. The vendor must be instructed to include the certification form with your shipment so the form will be available to the customs officer when it enters the country. Maintain a copy of this form and any associated shipping paperwork in your laboratory's TSCA folder or binder for 3 years from the import date.
If you are importing a chemical substance for a non-research purpose additional steps must be taken to comply with TSCA. Contact the EHS TSCA Coordinator immediately to determine what is necessary.