Document EqRn02JBQN5vzrdwY3j81nn3V

TO: Interoffice Communication FROM: DATE: SUBJ: Distribution TCGfc JCL EKT: MJH: AJO: RF T. G. Grumbles January 24, 1990 XF: TOXIC SUBSTANCES CONTROL ACT (TSCA) CERTIFICATION FOR IMPORTED CHEMICALS Attached is a proposal to amend the regulations requiring TSCA certifications for imported chemicals. The proposed requirements are found on the second page of the attached, and essentially will require a typed or stamped and signed statement on the invoice or other entry papers. This is a slight modification from existing procedures. This notice should be viewed as an indication that EPA is paying attention to the required import certifications. We should review our imports and procedures to assure the certification requirements are met. T. G. Grumbles dlj .1001 Attachment Distribution: D. L. Mahler-Balt, John Coffman-LCCP, Bill HowellLCVCM, J. Callen-Okc, Mike Swierc-Aber, Randy GantzLCLAB, Greg Lipps-Prem Mark Cheeseman, Bill Chamberlain-Houston Tom Jackson-Austin VVV 000010993 738 Federal Register / Vol. 55, No. 6 / Tuesday, January 9, 1990 / Proposed Rules tOR9 of assessable olives will be utilized DEPARTMENT OF THE TREASURY refused entry, the Secretary shall notify to cover the proposed expenses. Last year's assessment income was Customs Service the consignee of the entry refusal, not release the shipment except under bonder ID approximately $1,900,000 based on the receipts of 73,000 assessable tons. The 19CFR Part 12 and cause its disposal or storage under such rules as the Secretary may <DLC committee also unanimously recommended that excess income from the 1969 fiscal year ($22,807) be placed in its reserve, resulting in a reserve well within the maximum amount authorized under the order. ! Proposed Customs Regulations Amendments Concerning the Importation of Chemicals Subject to the Toxic Substances Control Act ' (TSCA) prescribe if the shipment has not been exported by the consignee within 90 1 J days from the date of receipt of the notice of entry refusal. Section 13 was implemented by ., Treasury Deicision (TX).) 63-158, " L_' 1 While this proposed action would impose some additional costs on handlers, the costs are in the form of uniform assessments on all handlers. Some of the additional costs may be passed onto producers. However, these costs would be significantly offset by the benefits derived from the operation of the marketing order. Therefore, the Administrator of the AMS has : determined that this action would not have a significant economic impact on a substantial number of small entities. ; AGENCY: Customs Service, Treasury. ACTION: Proposed rule. SUMMARY: This document proposes to amend the Customs Regulations regarding the submission of an importer's certification for Toxic Substances Control Act (TSCA) purposes. It provides when the certification must be submitted, its form, and provides for blanket certifications covering multiple shipments of chemicals subject to TSCA. ' : '-' These changes are being made - ^ l published in the Federal Register on ' c R i August 1.1983 (48 FR 34734), which added $5 12.116-12.127 to the Customs______ Regulations (19 CFR 12.118-12.127). . Included therein, as 9 12.121, Customs -------- Regulations (19 CFR 12.121), was a - reporting requirement calling for the . importer of a chemical substance to * certify to the district director of Customs that the chemical shipment is subject to - TSCA and complies with all applicable rules thereunder, or is not subject to TSCA. Certification statements are delineated in paragraph (a) of the above - 't0 Based on the foregoing, it is found and pursuant to the request of the "i determined that a comment period of . Environmental Protection Agency (EPA) less than 30 days is appropriate because which has noted the existence of ' .; the budget and assessment rate -TV approvals for the olive program need to be expedited. The committee needs to have sufficient funds to pay Its expenses problems in verifying compliance with TSCA.- . DATE: Comments'must be received on or before March 12,1990. " which are incurred on a continuous basis. address: Wntten comments (preferably . in triplicate) may be addressed to and inspected at the Regulations and List of Subjects In 7 CFR Part 932 , Disclosure Law Branch, U.S. Customs California, Marketing agreements, . Olives, Service, 1301 Constitution Avenue, NW,, room Z119, Washington, DC 20229. - FOR FURTHER INFORMATION CONTACT: . . regulatory section. --.: . EPA officials have advised us that . their investigations have identified problems in the verification of - - V : compliance with TSCA requirements on ' imported chemicals. Such officials have ; - noted that, although the above * *' > certification is required to be present at ' the time of entry, audits conducted - . _ subsequent to the entry and release of merchandise requiring a certification V have failed to confirm the submission thereof at the time of entry or later. Customs, at the request of EPA. in For the reasons set forth in the . . Carole Klein, Other Agency : - - - - order to correct this situation and to - preamble, it is proposed that 7 CFR part Enforcement Branch (202) 566-7877. better enforce the provisions of TSCA. is . 932 be amended as follows: William Nolle. Office of ACS . - herein proposing to amend the Customs PART 932--OUVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR Operations (202) 566-7907 - SUPPLEMENTARY INFORMATION: Background Regulations to provide that the TSCA certification must be submitted with the entry and that it must appear on the Invoice used in connection with the part 932 continues to read as follows: The Toxic Substances Control Act . entry and entry summary procedures for . . Authority: Secs. 1*19. 48 Slat. $1. a amended; 7 U.S.C. 601-674. (TSCA) (15 U.S.C. 2612) was enacted by Congress to regulate commerce and protect human health and the these shipments or, for those entries or entry summaries processed .' electronically, a certification code 2. New $ 932.224, Is added to read as follows: ,, environment by requiring testing and necessary use restrictions on certain transmitted as part of the electronics tannsmission process. The proposed 9 932.224 Expenses and assessment rate. Expenses of $2,067,940 by the California Olive Committee are authorized, and an assessment rate of . $20.68 per ton of assessable olives is established, for the fiscal year ending on chemical substances, and for other purposes. Section 13. TSCA, directs the : Secretary of the Treasury, after . . consultation with the Administrator, . Environmental Protection Agency (EPA). to refuse entry into the Customs - -- territory of the United Slates of any . regulations in this document also provide for the use of blanket certifications by importers who regularly import chemicals, whether or. - . . not they are subject to the TSCA. ; Comments .,-v December 31,1990. Unexpended funds chemical substance or mixture that 1. Before adopting this proposal, ' from the 1989 fiscal year may be carried Fails to comply with any rule in effect consideration will be given to any over as a reserve. under TSCA, or 2. Is offered for entry in written comments (preferably in - Dated; January 4,1990. Charles R. Brader, : - - ' Director, Fruit and Vegetable Division. violation of sections 5 or 6, TSCA, a rule or order issued under sections 5 or 6, or an order Issued in a civil action brought under sections 5 or 7, TSCA. triplicate) timely submitted to Customs. Comments submitted will be available . for public inspection In accordance with the Freedom of Information Act (5 U.S.C [FR Doc. 90-436 Filed 1-6-60; 6:45 am] Section 13 further provides that if a 552) 11.4, Treasury Department saxmo CODC 3410-03-H chemical substance, mixture or article la Regulations (31 CFR 1.4). and vvv 000010994 Federal Register / Vol. 55, No, 6 / Tuesday. January 9, 1990 / Proposed Rules 739 S 103.11(b), Customs Regulations (19 CFR 103.11(b)), on normal business days between the hours of 9 ajn. and 4:30 p.ra. at the Regulations and Disclosure Law Branch. Customs Service Headquarters, room 2119.1301 Constitution Avenue, NY/., Washington, DC 20229. Regulatory Flexibility Act Pursuant to the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) it is certified that the amendment will not have a significant economic impact on a substantial number of small entities. Accordingly, it is not subject to the regulatory analysis or other requirements of 5 U.S.C 603 and 604. Executive Order 12291 This document does not meet the ' criteria for a "major rule'* as specified in E.0.12291. Accordingly, no regulatory impact analysis has been prepared. Drafting Information The principal author of this document was Arnold L. Sarasky, Regulations and Disclosure Law Brandi. Office of Regulations and Rulings. U.S. Customs Service. However, personnel from other offices participated in its development List of Subjects in 19 CFR Part 12 - Customs duties and inspection. Imports, Hazardous materials. Explosives, and Freight . Proposed Amendments It is proposed to amend part 12, Customs Regulations (19 CFR part 12), as set forth below: PART 12--SPECIAL CLASSES OF MERCHANDISE 1. The authority citation for part 12 continues to read as follows: Authority: 5 U.S.C. 301.19 U.S.C 66,1202 (General Note 8. Harmonized Tariff Schedule of the United States), I55t, 1532.1553 and 1624. ......... Sections 12.116 through 12.127 also issued under 15 U.S C. 2001 et seq. 2. It is proposed to amend 9 12.121 by revising paragraph (a), redesignating paragraphs (b) and (c) as (c) and (d). respectively, revising the redesignated paragraph (c) and adding a new paragraph (b) thereto. The revised 9 12.121 would read as follows: 9 12.121 Reporting requirements. (a) All chemical substances in bulk or mixtures. The importer of a chemical substance, Imported in bulk or as part of 8 mixture, shall certify to the district director at the port of entry that the (c) Chemical substance or mixture as chemical shipment is subject to TSCA part of article. Each importer of a and complies with all applicable rules chemical substance or mixture as part of and orders thereunder, or is not subject an article shall meet the reporting to TSCA. The importer, or his authorized requirements set forth in paragraph (a) agent, shall sign one of the following or paragraph (b) of this section only if statements: required by a rule or order under TSCA. I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that 1 am not offering (d) Facsimile signatures. The certification statements in paragraph (a) of this section may be signed by means a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder. ! certify that all chemicals in this shipment are not subject to TSCA. . - ^ The certification, which shall be fried with the district director at the port of entry before release of the shipment.' of an authorized facsimile signature. William von Raab. Commissioner ofCustoms. ! Approved: January 2,1990. Salvatore R. Martoche, - - -r Assistant Secretary'ofthe Treasury. [FR Doc. 90-448 Filed 1-6-90; 6:45 am] shall appear as a typed or stamped r. - StLUNQ COOS 4S2O-0a-M statement on the invoice used in . -. . connection with the entry and entry summary procedures. For those entries Internal Revenue Service or entry summaries processed electronically this statement will be in 26 CFR Part 1 the form of a Certification Code [FI-84-69J - transmitted as part of the Automated ... Broker Interface (ABIJ transmission. The RIN 154S-A003 entry filer will be obligated by this Certification Code to the same extent as Price Level Adjusted Mortgages if these statements were submitted on entry or entry summary documents. ' r (b) Blanket certifications. (1) District . directors of Customs may, in their ' in discretion, accept "blanket" . ,. certifications from importers. In V. agency: Internal Revenue Service,' -j _ Treasury.. ; . i-- ' ."T ACTION: Notice of proposed rulemaking by cross-reference to temporary ... regulations. accepting any such certifications, the . district director should consider the : reliability of the importer and Customs broker. . (2) All "blanket" certifications shall be made on the letterhead of the certifying firm, list the products covered by name and Harmonized System Item Number, identify the foreign suppliers by name and address, and be signed by an authorized person. (3) Once accepted, a "blanket" certification shall remain valid for one year from the date of acceptance unless sooner revoked for cause by the district director. Separate "blanket" certifications will be required for chemicals subject to TSCA and those summary: In the rules and regulations section of this issue of the Federal . Register, the Internal Revenue Service is issuing temporary regulations that provide rules for the treatment of price '' level adjusted mortgages ("PLAMs") under the original issue discount and qualified residence interest provisions of the Internal Revenue Code of 1986. In addition, the temporary regulations provide rules for the treatment of payments received pursuant to a PLAM for purposes of the information reporting of home mortgage interest. The text of the temporary regulations also serves as the comment document for this notice of proposed rulemaking. not subject to TSCA. (4) Importers authorized to use "blanket" certifications shall also include a statement on the invoice used in connection with the entry and entry ' summary procedures for each shipment EFFECTIVE DATES: Section 1.153-11T is proposed to be effective for tax years beginning after December 31,1967. Sections 1.1275-8T and 1.6050H-2T are proposed to be effective for price level adjusted mortgages issued after January referring to the "blanket" certification and incorporating it by reference. Such statements need not be signed. - 9,1990. Written comments and requests for a public hearing must be delivered or mailed by April 9,1990. (5) For those entries or entry summaries processed electronically for which a "blanket" certification is on file, this electronic Certification Code will , ADDRESS: Send comments and requests for a public hearing to: Interna! Revenue Service. Attn: CC:CORP:T:R (FI-64-89), room 4429, Washington, DC 20224. certify that a "blanket" certification is FOR FURTHER INFORMATION CONTACT! on file. William E. Blanchard, concerning the VVV 000010995 TO: R. D. Gamblin Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles January 26, 1990 PROGRESS REPORT VISTA 1. Completed General Motors MSDS's for Premiere as part of the qualification process for ROTOFLEX compound. 2. Completed product component listing and draft letter to New Jersey customers in preparation for a mass mailing to comply with New Jersey's Worker and Community Right-to-Know Act. These letters will go out in early February, well ahead of the compliance date of March 31, 1990. 3. Working with S & T to revise the hazardous material descriptions in COEDS to comply with DOT Docket HM-126C, Emergency Response Communication Standards, which becomes effective June 4, 1990. 4. Researching summary of flash point and flammability standards of different agencies for Joe Lopez. 5. Completed revisions of MSDS's for all SARA 313 listed products. We are working with Marketing Administration to send the MSDS's out to the appropriate customers. 6. Sent technical information on PVC resin to the USDA to assist them in responding to a concern regarding contaminated rice in Zaire. Evidently, some of our resin spilled onto the outside of rice bags in the same ship and the Zaire government was alleging all of the rice shipment was contaminated. 7. A meeting was held with Legal and Manufacturing to further review Conoco's proposals for cost-sharing on the LCCC groundwater assessment and remediation. Conoco has offered a buy-out arrangement or continued cost-sharing percentage for the next 10 years. 8. Draft experimental MSDS's for low-flame, low-smoke alloys, Suprel and Plenex, have been prepared and released for use with sample shipments. 9. Participated in Environmental Engineering Guidelines Meeting. The team focused on developing environmental construction guidelines for the high priority equipment (tanks, sumps) that will be installed for the Lake Charles wastewater project. 10. Provided guidance to Marketing on the FIFRA status of ALF0L 610 and ALFOL 810 when used as an inert. ALFOL 810 is exempted from inert residual tolerances when applied to growing crops. VVV 000010996 R. D. Gamblin Memo January 26, 1990 Page 2 11. Participated in a meeting on Environmental Awareness Training. The group established action steps for contacting manufacturing, marketing and business groups to determine interest for this type of training. T. G. Grumbles dlj VVV 000010997