A sweeping executive order signed on June 3 is set to intensify scrutiny of chemical substance importers already navigating complex compliance requirements under federal law.
Executive Order 14411, titled “Strengthening Customs Enforcement,” targets what it describes as systemic inefficiencies and loopholes that have allowed malign actors to evade federal law at the border.
The order directs Customs and Border Protection to bolster its enforcement efforts, with chemical importers now expected to face a significantly higher compliance burden under section 13 of the Toxic Substances Control Act.
TSCA section 13 provides the framework by which CBP regulates the import of chemical substances, working alongside Treasury Department Order No. 100-16 to govern entry decisions.
Before importing any chemical substance, importers must check the TSCA Chemical Substances Inventory, which EPA is required to publish and update under section 8(b) of the Act.
The task is complicated by the fact that roughly 14% of substances on the Inventory are listed only with generic names to protect confidential identities, forcing importers to seek precise chemical information from foreign suppliers.
Critically, section 15(1) of TSCA imposes strict liability, meaning that even a good-faith but mistaken belief that an imported chemical substance appeared on the Inventory could constitute a violation.
For substances not on the Inventory, importers must either qualify for an exemption or submit a premanufacture notice and await EPA’s review, a process that nominally lasts 90 days but can in practice extend to around two years.
Even for substances that do appear on the Inventory, importers must confirm those substances are listed as active, since only approximately 49% of Inventory substances currently carry that designation.
Importers must also check whether a significant new use rule applies to any substance they plan to bring in, and, if so, whether the importation or intended use would constitute a significant new use under section 5(a)(1)(A)(ii).
Compliance with reporting requirements under section 8(a) has also become a critical concern, following a wave of citizen suits brought by nonprofit organisations against chemical substance importers in recent years.
In July 2025, the Center for Environmental Health reached an agreement with importer Wego Chemical Group regarding alleged reporting violations under TSCA’s chemical data reporting requirements.
In January 2026, CEH voluntarily dismissed Center for Environmental Health v. Eurochem North America Corporation, a citizen suit filed in the U.S. District Court for the District of Columbia alleging similar import reporting violations.
In June 2026, EPA announced it had filed a case against Wego for allegedly importing various toxic chemicals from China and beyond without complying with TSCA’s requirements, including section 8(a) reporting, PMN and SNUN obligations, and CBP certification.
All importers of covered commodities must file certifications either in writing or electronically through the Automated Commercial Environment system, with positive certifications confirming compliance with TSCA sections 5, 6, and 7, and all certifications made under penalty of perjury.
Good-faith efforts to verify compliance may mitigate civil penalties for noncompliant shipments, according to EPA’s Chemical Substances Import Policy at 40 C.F.R. section 707.20(c)(1)(iii).
Given both EO 14411 and EPA’s commitment to stronger enforcement, importers of chemical substances should track regulatory updates, respond to comment requests, and build robust compliance strategies without delay.