As of March 22, 2019, importers of certain types of composite wood products must 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.
Composite wood products that are imported into or manufactured in the U.S. must be:
- Certified as compliant with TSCA Title VI by a third-party certifier approved by the California Air Resources Board (CARB); and
- Labeled as being TSCA Title VI compliant
CPB is now advising affected parties that after March 22, 2019, CARB’s Airborne Toxic Control Measures (ATCM) Phase II standards will no longer be sufficient – such goods may only be certified and labeled as being TSCA Title VI compliant.
U.S. Importers will be responsible for providing a TSCA Section 13 import certification for articles containing regulated composite wood products, component parts or finished goods through the Automated Commercial Environment (ACE). CBP also notes that importers must make available within 30 calendar days, upon request from the EPA, certain records which document compliance.
The EPA recently proposed a rule that would, among other things, clarify that regulated composite wood products and finished goods containing composite wood products must be labeled at the point of manufacture or fabrication.
For more information on the new regulations, please click here.