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. Category VIII – Entry / Entry Summary
Why this answer
The TSCA import provisions at 12.118 through 12.127 require every covered shipment of chemical substances to be accompanied by a certification, either a positive certification that the shipment complies with TSCA or a negative certification that the merchandise is not subject to it. Knowing that goods fall outside TSCA therefore does not excuse certifying; it simply dictates filing the negative certification, which is what makes option B false and keyed. The remaining statements restate the regulations' scope, detention, release-under-bond, redelivery, and compliance-or-export consequences and were treated as true; option E tempts only because its stacked deadlines read awkwardly. Watch for: Thinking no certification is needed for non-TSCA goods, instead of a negative certification.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2023 examination.
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