Beginning March 22, 2019, US imports of regulated composite wood products must be certified and labeled by a third-party as compliant with Title VI of the Toxic Substances Control Act (TSCA). Previously, the goods could be certified under the California Air Resources Board’s (CARB) Airborne Toxic Control Measures (ATCM) phase II emission standards. After the March date, certification to the CARB ATCM phase II criteria is no longer sufficient.

The certification ensures that the goods meet national formaldehyde emission standards per the Environmental Protection Agency’s (EPA) Formaldehyde Standards for Composite Wood Products Act. Composite wood products include hardwood plywood, particleboard, and medium-density fiberboard or finished goods containing the materials, such as furniture, cabinets, picture frames, toys, etc. As found on EPA’s FAQ on the Act, products not covered by the rule include structural, curved, and military-specified plywood; structural panels, oriented strand board, structural composite and finger-jointed lumber, pre-fabricated wood I-joists, hardboard, wood packaging, and other products.

Additionally, after March 22, 2019, importers are responsible for providing a TSCA Section 13 import certification for these products. According to CSMS message #18-000727, the “TSCA Section 13 import certification will be in the form of a positive certification for applicable shipments through the U.S. Customs and Border Protection’s Automated Commercial Environment (ACE).” Upon request, importers must make records documenting compliance available to the EPA within 30 calendar days. If you have questions regarding Title VI or Section 13 of TSCA, please send an email to Deringer’s compliance department.