2023 April No.44 – Partner Government Agencies (PGA)


44. Which of the following statements is FALSE?

A) The 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).

B) No 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.

C) If 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.

D) If 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.

E) Exclusive 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.

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The Answer is: B

Citation: 19 CFR 12.118 through 12.127

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