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New Regulations for Importing Composite Wood Products Effective March 22, 2019

Beginning on March 22, 2019, importers of certain types of composite wood products will need to certify that their products comply with the U.S. Environmental Protection Agency’s (EPA) new formaldehyde emissions standards under the Toxic Substances Control Act (TSCA), Title VI.  The Title VI formaldehyde emissions standards apply to the following types of composite wood products:

  • Hardwood plywood
  • Medium-density fiberboard (MDF)
  • Particleboard – regardless of whether the product is unfinished panels or incorporated into component parts or finished goods

These composite wood products are commonly used in the manufacture of furniture, picture frames, kitchen cabinets, flooring, and wooden children’s toys.

Responsibilities under TSCA Title VI

For Foreign Producers

Foreign producers of composite wood products must have their products tested and certified by an EPA-recognized 3rd party certifier.

For Importers

Importers will be responsible for:

  • Certifying at point of entry into the U.S. that the composite wood product is either compliant with TSCA Title VI or that the product is not subject to TSCA Title VI
  • Providing your customs broker with the name, phone number and email address of the individual (importer or agent) who is certifying that the products comply with TSCA Title VI
  • Recordkeeping – for 3 years, the importer must keep an invoice, bill of lading or other comparable document which states that the product is compliant with TSCA Title VI
  • Making records available to the EPA within 30 days upon request which identify the composite wood producer, the date of production, the supplier from whom the products were purchased, and the date the products were purchased
    • NOTE: The importer is not required to maintain all of this information, but will be required to have the supplier or producer provide the information upon request.

For Customs Brokers

When filing an entry, customs brokers will be responsible for providing the name, phone number, and email address of the importer or agent certifying that the products comply with TSCA Title VI.

Upcoming Webinar for Importing Formaldehyde-Containing Composite Wood Products

To provide compliance assistance to importers, import brokers and other interested stakeholders, the EPA will be co-hosting a webinar with U.S. Customs and Border Protection (CBP) that will cover importer responsibilities under the Toxic Substances Control Act (TSCA) Title VI regulation.

The first portion of the webinar will discuss general rule requirements for importers of regulated composite woods products, component parts and finished goods which went into effect on June 1, 2018.  The remainder of the webinar will focus on the TSCA Section 13 import certification requirements that will go into effect on March 22, 2019.  There will also be a Q&A session with EPA and CBP staff members at the end of the presentation.

The EPA and CBP have scheduled two sessions for this valuable webinar to increase industry participation.

Details

Session # 1

Session # 2

Event Title: TSCA Title VI Import Certification Webinar TSCA Title VI Import Certification Webinar
Event Date: February 26, 2018 March 6, 2019
Event Time: 2:00 pm – 3:00 pm Eastern Time

(11:00 am – 12:00 pm Pacific Time)

2:00 pm – 3:00 pm Eastern Time

(11:00 am – 12:00 pm Pacific Time)

Registration Link: https://teregistration.cbp.gov/index.asp?w=150 https://teregistration.cbp.gov/index.asp?w=151

**Please note that both webinars will be provided in English only.

For More Information

EPA has compliance guides in English, Spanish and Vietnamese here.  They are currently in the process of updating them in Chinese, French, Indonesian, and Portuguese.

To access the codified text for the final rule, general resources, and guidance materials please visit EPA’s formaldehyde homepage at www.epa.gov/formaldehyde.

If you have any questions about the formaldehyde emission standards for composite wood products regulatory program, please contact Todd Coleman at coleman.todd@epa.gov or 202.564.1208.