You and the overseas vendor should consider the definition of “importer” when determining who may be responsible for reporting under this rule. Importer (as defined at 40 CFR 704.3) means:
(1) any person who imports any chemical substance or any chemical substance as part of a mixture or article into the customs territory of the United States, and includes:
(i) The person primarily liable for the payment of any duties on the merchandise, or
(ii) An authorized agent acting on his behalf.
(2) Importer also includes, as appropriate:
(i) The consignee.
(ii) The importer of record.
(iii) The actual owner if an actual owner's declaration and superseding bond have been
filed in accordance with 19 CFR 141.20.
(iv) The transferee, if the right to draw merchandise in a bonded warehouse has been
transferred in accordance with subpart C of 19 CFR part 144.
(3) For the purposes of this definition, the customs territory of the United States consists of the 50 States, Puerto Rico, and the District of Columbia.
If both you and the overseas vendor meet the definition of “importer” at 40 CFR 704.3, you may determine among yourselves who will submit the required report. If no report is submitted as required under this part, however, the EPA will hold each person liable for failure to report.
Importers may wish to make arrangements among themselves for the reporting party to verify to the other importers that it completed the PFAS submission on behalf of all importers.
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