The foreign manufacturer supplying a U.S. importer has chosen to keep the chemical substance or the component chemical substances in a mixture confidential and therefore an importer does not know the correct chemical identity(ies) of the chemical substance(s) it is reporting. How does the company report?

Importers are required to comply with the CDR regulation. If the quantity of the chemical substance imported exceeds the CDR reporting threshold of 25,000 pounds and the chemical substance is not otherwise exempt from reporting, the company must generally contact the chemical supplier and request the specific chemical identity and CASRN of the imported chemical substance. If the supplier will not disclose the specific chemical name of the imported chemical substance or a reactant used to manufacture a chemical substance because the name is claimed confidential, the importer may report a trade name. In these cases, the importer and the supplier may report the information required in a joint submission.

If the importer cannot provide the chemical name, the importer should complete as much of the Form U as it can, supplying a trade name or other designation to identify the proprietary chemical substance and providing the supplier’s (secondary submitter’s) company information. In addition, the importer (as primary submitter) must use the electronic reporting tool to ask the supplier (as a secondary submitter) of the confidential chemical substance to directly provide EPA with the correct chemical identity in a joint submission. The importer’s request to the supplier must include instructions for submitting chemical identity information electronically and for clearly referencing the importer’s submission. Contact information for the supplier, a trade name or other designation for the chemical substance or mixture, and a copy of the request to the supplier must be included with the importer’s submission for the chemical substance. The importer is not obligated to ensure that the supplier fulfills the request.

Need more help? Visit EPA's Chemical Data Reporting webpage at epa.gov/cdr or contact EPA'sTSCA Hotline at tsca-hotline@epa.gov or 202-554-1404.