Beginning March 22, 2019, importers of certain types of composite wood products will need to certify that their imported products comply with the formaldehyde emissions standards under the United States Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA), Title VI. The TSCA Title VI formaldehyde emissions standards apply to three types of composite wood products: 

1) hardwood plywood; 

2) medium-density fiberboard (MDF); and 

3) particleboard - whether the product is unfinished panels or incorporated into component parts or finished goods. 

The foreign producer must have the products tested and certified by an EPA-recognized 3rd party certifier.

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

When filing an entry, customs brokers will need to provide the name, telephone number and email of the individual (the importer or agent) who is certifying that the products comply with TSCA Title VI.

The importer's responsibilities include:

• Certifying at entry that the wood product is compliant with TSCA (or certifying that the product is not subject to TSCA);
• Recordkeeping: For 3 years, the importer must keep an invoice, bill of lading or comparable document that states the product is compliant with TSCA Title VI
• Upon the request of EPA, the importer must be able to make records available to the EPA (within 30 days) identifying the panel producer, the date produced, the supplier and the date the products were purchased. [The importer is not required to maintain this information, but will be required to have the supplier or producer provide the information when requested to do so.]

With the deadline fast approaching, customs brokers will want to prepare clients who import composite wood products subject to the formaldehyde emissions requirements for these new responsibilities. The EPA is scheduled to co-host two upcoming webinars that will cover importer responsibilities under this regulation with U.S. Customs and Border Protection (CBP). The webinars will have the same content and will be hosted on February 26 and March 6 from 2-3 pm EST.

To register for the February 26 webinar, please click here.

To register for the March 6 webinar please see click here. 

One portion of the webinar will discuss general rule requirements for importers of regulated composite wood products and component parts/finished goods, for which the compliance date began on June 1, 2018. Another portion of the webinar will discuss the TSCA Section 13 import certification requirements, which go into effect on March 22, 2019. These two webinars are intended for importers, import brokers, and other interested TSCA Title VI regulated stakeholders who may import products into the customs territory of the U.S. that are, or contain, TSCA Title VI regulated composite wood products. The webinars will also include time for questions and answers at the end of the presentation with staff from the EPA and CBP.