Manufacturer (Including Importer) under TSCA

Under TSCA, the term “manufacturer” includes any person who manufactures or imports a chemical substance. For TSCA Section 8(a)(7) PFAS reporting, this means that any company that manufactured PFAS domestically or imported PFAS—in any form including as a component of a mixture or article—at any time between 2011 and 2022 is subject to reporting obligations. The TSCA definition of “manufacture” is broad: it covers production, preparation, compounding, and processing of a chemical substance.

TSCA §3(9) (definition of “manufacture”); 40 CFR §705.3; TSCA §8(a)(7).

Many companies do not realize they qualify as PFAS “manufacturers” under TSCA. Any company that imported a product containing PFAS—even a finished consumer good—is technically a manufacturer/importer under TSCA. This broad scope was one of the most significant aspects of the original rule, potentially capturing retailers, distributors, and OEMs who import PFAS-containing products. The proposed imported article exemption would substantially narrow this scope if finalized.

A U.S. outdoor recreation company imports PFAS-treated waterproof jackets from a Vietnamese factory. Under TSCA’s definition, the U.S. company is the ‘manufacturer’ (importer) of the PFAS contained in those jackets and is subject to 8(a)(7) reporting for each year of import between 2011 and 2022.