April 2023 — Question 44
Which of the following statements is FALSE?
- AThe importation into the customs territory of the United States of chemical substances in bulk form or as part of a mixture, and articles containing a chemical substance or mixture are governed by the Toxic Substances Control Act (TSCA).
- BNo certification under TSCA by the importer or an authorized agent is needed for an importation where the merchandise is only identified as "bulk chemicals" if the importer or the authorized agent know that the imported bulk chemicals are not subject to TSCA.✓ CBP's answer
- CIf an importer fails to certify compliance with TSCA as required and the shipment has been detained, with reasonable grounds, the port director may release the shipment under bond pending a decision by the Administrator of the Environmental Protection Agency to permit or refuse entry of the shipment.
- DIf the Administrator of the Environmental Protection Agency has refused entry of a shipment that has been released under bond, the merchandise must be redelivered within 30 days of the date of the redelivery notice, or the port director will assess liquidated damages in the full amount of the bond.
- EExclusive of extensions, the importer of a shipment of covered merchandise that has been detained must bring the merchandise into compliance with TSCA or export the merchandise within 90 days after notice of detention or 30 days of the demand for redelivery, whichever comes first.
Why this answer
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CBP's cited authority
§ 19 CFR 12.118 through 12.127
Answer and citations as published in CBP's official answer key for the April 2023 examination.
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