EPA v. Fila Chemicals USA Corporation

Case summary

Section 5 and the polymer exemption reporting and recordkeeping requirements at 40 C.F.R. Pt 723.250 for a chemical substance; section 8(a) and the Inventory Update Reporting Regulations promulgated thereunder at 40 C.F.R. Pt 710, when it failed to submit accurately a Data Production and Site Report (Form U) for a chemical substance manufactured at the aforementioned facility, as required for the 2006 Partial Updating of the TSCA Inventory; section 13 when it failed on a number of occasions to certify correctly at the port of entry that a chemical shipment is subject to TSCA and is compliant with all applicable rules or orders as required by 19 C.F.R. 12.121(a); section 4 when it failed to comply with the test rule exemption requirements; section 12(b) when it failed to notify EPA in writing on several occasions of its intent to export chemical substances subject to section 4 of TSCA.

Defendants (1)

• Fila Chemicals USA CorporationNamed in complaintNamed in settlement

Facilities (1)

• FILA CHEMICALS USA CORPORATION

  10800 NW 21ST STREET, NUMBER 17, MIAMI, FL, 33172

  Registry ID: 110044228573

Statutes cited

• TSCA 8 — Reporting & Retention of Information
• TSCA 5A/5B — Failure To Comply With Significant New Use Rules and Pre-manufacture Notice
• TSCA 13 — Entry into Customs Territory of the U.S.
• TSCA 4 — Testing of Chemical Substances and Mixtures
• TSCA 12 — Exports
• TSCA 16A4 — Failure to Pay Civil Penalty

Enforcement conclusions (1)

• Fila Chemicals USA Corporationentered 2011-08-01

  Primary law: TSCA

Timeline (2 milestones)

• 2011-08-01Final Order Issued
• 2011-08-04Enforcement Action Data Entered