Manufacturing (under TSCA)

Under TSCA § 3(9), manufacture means to import, produce, or manufacture a chemical substance. This captures importers, domestic producers, and companies that compound PBT-containing products.

TSCA § 3(9); 40 CFR Part 751.

Broader than many realize. A retailer importing PBT-treated products is a manufacturer under TSCA. Understanding this scope is essential for determining prohibition obligations.

A U.S. company imports DecaBDE-containing circuit board assemblies. Under TSCA, the company is the manufacturer (by import) and must verify exclusion applicability.