EPA Details Upcoming HFC Importer Requirements in Fact Sheet on Recent Final Rule

The Environmental Protection Agency recently released a fact sheet detailing importer requirements under its recent final rule on hydrofluorocarbon import and production quotas. Linked in a Nov. 15 CSMS message from CBP announcing an upcoming webinar on the final rule, the fact sheet outlines what imports are covered by the new requirements, which take effect Jan. 1 and include 14-day advance filing for covered merchandise and an additional Chemical Abstracts Service (CAS) number data element in ACE.

The fact sheet says the new requirements will cover imports of bulk HFCs and HFC blends of any quantity, such as HFCs imported in a container for transportation of that substance such as cylinders, drums, tanks and small cans, or HFCs that must be transferred from a container to another container, vessel or piece of equipment to realize its intended use. Used, reclaimed or recycled HFCs that are not being imported for destruction are also covered, as are imports classified as U.S. goods returned or heels, EPA said.

On the other hand, imports of HFCs contained in manufactured products, such as appliances, aerosol cans or foam, do not require quota allowances. Nor do virgin or used HFCs intended to be transformed or destroyed, or HFCs that are being transshipped. However, other requirements may apply, such as approval and notification requirements for virgin and used HFCs that will be transformed or destroyed and transshipment of HFCs, respectively.

EPA said the final rule also requires submission of documentation to EPA of payment of antidumping and countervailing duties for HFCs imported Jan. 1, 2017, through May 19, 2021, or evidence that the imports were not subject to AD/CV duties.

The final rule also includes a table of Harmonized Tariff Schedule subheadings that are covered by the final rule. The table lists subheadings for various individual HFCs and HFC blends of chapters 29 and 38, respectively. EPA noted that new subheadings for individual HFCs and common HFC blends will take effect in early 2022.

The upcoming webinar on the final rule will be held Nov. 18 at 2 p.m. EST. Registration is available on the CBP website.