Last year, the U.S. Environmental Protection Agency (EPA) announced increased enforcement of requirements related to imports of toxic chemicals. Now, importers of chemical substances can expect to face even greater scrutiny under a June 3 Executive Order, EO 14411, “Strengthening Customs Enforcement.” EO 14411 aims to reform customs enforcement in the United States, claiming that “[s]ystemic inefficiencies, loopholes, insufficient enforcement mechanisms, and outdated processes have created opportunities for malign actors to evade Federal law.” As Customs and Border Protection (CBP) bolsters its enforcement efforts for imports, chemical importers should take particular care to comply with section 13 of the Toxic Substances Control Act (TSCA) and its implementing regulations promulgated by CBP and by EPA.

Overview of TSCA and Imports

TSCA section 13 provides the framework by which CBP regulates the import of chemical substances. Section 3(2) defines “chemical substance” to exclude pesticides and materials regulated by the Food and Drug Administration (FDA). Section 13, combined with Treasury Department Order No. 100-16, requires the Secretary of Homeland Security to refuse entry to chemical substances, mixtures, and articles if the entry would be in violation of TSCA regulations, sections 5, 6, or 7, or title IV (lead exposure reduction). Section 13(b) grants the Secretary rulemaking authority in carrying out section 13(a).

Section 8(b) requires EPA to publish and update “a list of each chemical substance which is manufactured or processed in the United States.” This list of existing chemical substances is known as the TSCA Chemical Substances Inventory (Inventory). TSCA’s definition of “manufacture” in section 3(9) includes importing. Under section 5(a)(1)(A)(i), it is illegal to import (i.e., manufacture) a chemical substance that is not on the Inventory unless it is subject to an exemption.

Importers should check the Inventory before importing any chemical substance. Existing chemical substances (those on the Inventory) and new chemical substances (those not on the Inventory) are subject to different requirements. This can be challenging for an importer, as about 14% of the substances are listed in the public version of the Inventory only with generic names to protect confidential identities. To determine whether the chemical substances they plan to import are new or existing, importers may have to ask foreign suppliers to specify the exact chemical identities of the substances in their shipments. Under section 15(1), however, even a good-faith but mistaken belief that an imported chemical substance was on the Inventory could be a strict liability violation.

TSCA Requirements for New Chemical Substances

If any of the chemical substances to be imported are not on the Inventory, the importer must either qualify for an exemption or submit a premanufacture notice (PMN) and await completion of EPA’s review of the PMN. PMN review periods nominally last 90 days, but in practice, they can last up to about two years.

In some cases, the PMN must be submitted by the importer’s U.S. customer rather than the importer. EPA defines “importer” to include a consignee. If the U.S. customer were the consignee of the import shipment, it, too, would be considered an importer. If the consignee knew that a chemical substance was to be imported and specified the identity of the chemical substance and the total amount to be imported, then the consignee would qualify as the principal importer. 40 C.F.R. § 720.3. Under 40 C.F.R. § 720.22(b)(2), the PMN must be submitted by the principal importer (if there is one).

EPA has promulgated several exemptions to the PMN requirements. These include, among others, limited exemptions for chemical substances used for research and development, those qualifying as impurities or byproducts, and those produced in low volumes.

PMN requirements and the potential exemptions are detailed in 40 C.F.R. Part 720 and Part 723.

TSCA Requirements for Existing Chemical Substances

It is not enough for importers to confirm that the chemical substances they plan to import are on the Inventory. In addition, importers should check to see whether all those substances are listed as active. Only about 49% of substances on the Inventory are listed as active. Under section 8(b)(5)(B)(i) and section 15(1), it is illegal to import a chemical substance that is on the Inventory but listed as inactive. Importers must notify EPA of their intent to import an inactive substance prior to the importation. This will trigger EPA to list that substance as active. Applicable regulations appear in 40 C.F.R. Part 720, Subpart B.

Importers should also determine whether a significant new use rule (SNUR) applies to any of the chemical substances they plan to import, and, if so, whether the importation or planned use would constitute a significant new use. Under section 5(a)(1)(A)(ii), it is illegal for an importer to engage in a significant new use unless an exemption applies. EPA has promulgated thousands of SNURs, which appear in 40 C.F.R. Part 721, Subpart E. Many of those SNURs identify only the generic names for the chemical substances to which they apply. If importation or the planned use would constitute a significant new use, the importer may need to submit a significant new use notice (SNUN) and await completion of EPA’s review of the SNUN before importing the SNUR substance. SNUN review periods nominally last 90 days, but in practice, they can last up to about two years. SNUR and SNUN requirements and the potential exemptions are detailed in 40 C.F.R. Part 721. As with PMNs, SNUNs must be filed by the principal importer, if there is one. 40 C.F.R. § 721.5(e).

Chemical substance importers should also ensure compliance with reporting requirements under TSCA section 8(a) and 40 C.F.R. Part 711. In recent years, this has been one route by which nonprofit organizations have brought citizen suits against chemical substance importers under section 20. The suits allege failures to report imports of chemical substances to EPA under the section 8(a) Chemical Data Reporting rule that NGOs were aware of through commercial databases. NGOs may receive their attorneys’ fees in such cases. For example, in July 2025, the Center for Environmental Health (CEH) reached an agreement with importer Wego Chemical Group (Wego) regarding alleged reporting violations. In January 2026, CEH voluntarily dismissed Center for Environmental Health v. Eurochem North America Corporation, No. 1:25-cv-04350, a citizen suit in the U.S. District Court for the District of Columbia alleging similar import reporting violations; presumably, CEH had also reached an agreement with that importer.

EPA has also brought enforcement actions under section 13 and related TSCA provisions for imports. In June 2026, EPA announced that it had filed a case against Wego for allegedly importing various toxic chemicals from China and beyond without complying with TSCA’s requirements. The complaint alleges that Wego failed to comply with several obligations, including section 8(a) reporting requirements, section 5 PMN and SNUN requirements, and section 13 certification as required by CBP.

CBP’s Certification Requirements

CBP’s rules apply to (1) chemical substances in bulk form, (2) chemicals in TSCA-regulated mixtures, (3) TSCA-excluded chemicals, and (4) articles containing a chemical or mixture if required by TSCA regulations. 19 C.F.R. § 12.119. In summary, all chemical substances, regardless of whether they are new, exempt, or existing, are at least potentially subject to CBP’s TSCA rules. Another CBP regulation provides that certification of articles is only needed if required by an EPA rule or order. 19 C.F.R. § 12.121(b). EPA requires import certification for articles (such as furniture) made with composite wood products using a formaldehyde-based resin. 40 C.F.R. § 770.30(d).

All importers of covered commodities, or their authorized agents, must file a certification in writing (which is rare) or electronically through the Automated Commercial Environment system. Positive certifications certify compliance with TSCA sections 5, 6, and 7, whereas negative certifications certify that the shipment is not subject to TSCA. 19 C.F.R. § 12.121. These certifications are made under penalty of perjury.

EPA’s Chemical Substances Import Policy, 40 C.F.R. § 707.20, clarifies CBP’s certification process. Certification is typically based on the importer’s actual knowledge; if the importer lacks such knowledge, EPA recommends that the importer contact the foreign manufacturer or another relevant party. Good-faith efforts to verify compliance may mitigate civil penalties for noncompliant shipments. 40 C.F.R. § 707.20(c)(1)(iii). EPA also states that negative certifications are appropriate whenever a chemical substance is not clearly identified as not subject to TSCA (such as a pesticide). 40 C.F.R. § 707.20(b)(2)(ii). Pesticides and FDA-regulated substances have their own import certification requirements. If those certification requirements are met, no negative TSCA certification is needed.

Implications for Importers of Chemical Substances

Much of EO 14411 seeks to impose additional requirements on importers, so all importers of chemical substances should pay close attention to CBP requirements and its actions over the coming months.

Given both EO 14411 and EPA’s own commitment to strengthening enforcement of toxic chemical imports, importers of chemical substances should track any updates to CBP’s regulations, respond to requests for comment, and craft compliance strategies. Importers should ensure compliance with the TSCA requirements applicable to importers.

Beveridge & Diamond’s Chemicals Regulation practice group has extensive experience with TSCA and its implementing regulations. For assistance with these complex requirements or more information, please contact the authors.

Beveridge & Diamond’s Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice to the global chemicals industry. We have a subscription service that tracks PFAS developments nationwide. We work with large and small chemical and products companies whose products and activities are subject to EPA’s broad chemical regulatory authority under TSCA and state chemical restrictions. Our Consumer Products and Product Stewardship, Global Supply Chains practices work with U.S. and multinational companies that make, distribute, transport, or sell consumer products in a hyper-competitive and evolving consumer goods market. We help identify, understand, and comply with complex regulatory requirements throughout the product lifecycle.