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U.S. Imports of Composite Wood Products Must Be TSCA Compliant by March Deadline

U.S. Customs and Border Protection (CBP) is advising that after March 22, 2019, all regulated composite wood products (i.e., panels) created from binding strands, particles, fibers, veneers, or boards of wood together with adhesives (i.e., glues), including hardwood plywood, medium-density fiberboard (includes thin-MDF), and particleboard must be certified and labeled as compliant with the Toxic Substances Control Act (TSCA) Title VI. All labels must include the panel producer’s name, lot number, and an EPA-recognized TSCA Title VI third-party certification (TPC) number. All importers will be responsible for providing a positive TSCA Import Certification for all applicable shipments, which will be transmitted to CBP via the Automated Commercial Environment (ACE). Upon request by the Environmental Protection Agency (EPA), importers must make available within thirty (30) calendar days certain records that document compliance with this rule. Recordkeeping requirements apply.

In December 2016, a final rule from the (EPA) established a national formaldehyde emission standard and third-party certification (TPC) system for regulated composite wood products to ensure the products are compliant before being sold to end users or fabricated into component parts or finished goods (furniture, cabinets, toys, etc.). As part of the implementation, such goods imported into the U.S. between June 1, 2018, and March 22, 2019, can be:

  1. Certified by a TPC as compliant with either:
    • TSCA Title VI
    • California Air Resources Board’s Airborne Toxic Control Measures (CARBATCM) Phase II emissions standards
  2. Labeled as compliant with the relevant standard.

After March 22, 2019, a CARBATCM Phase II-only label is not sufficient. The regulated products must be certified as TSCA Title VI compliant by an EPA TSCA Title VI TPC and labeled as such.

The EPA has established a Composite Wood Products Act FAQ’s page to assist importers with compliance.

For more information please contact your local MIQ Logistics representative.