Cargo Systems Messaging Service

CSMS #52174134 - New EPA Form 3540-1 Notice of Arrival of Pesticides and Devices (NOA). New NOA Form Effectively Immediately – The 2018 NOA Form Grace Period Extended

The purpose of this message is to inform the trade community a new EPA Form 3540-1 has been approved by OMB.  The new form provides clarity for some of the data elements and the instruction section of the form. There are no new data elements on the form.  The new form has been uploaded to EPA’s website and disseminated to the EPA regions for use.   

Since the official launch of CBP’s ACE system in 2016, the number of electronic NOA filings has steadily increased and the number of NOAs submitted directly to EPA using Form 3540-1 has greatly declined. NOA filings using the 3540-1 represent roughly 7% of the total number of filings. Use of the form is now almost exclusively a function of entry types for which filing cannot be accomplished through ACE. For these reasons, we anticipate the revisions to the 3540-1 will have little impact overall.

While we don’t anticipate any significant disruptions will result from the transition to the new form, after considering concerns raised following its announcement, the EPA will continue to accept submissions of the old form through July 30, 2022. Importers are encouraged to make the transition to the new form sooner. It is available at https://www.epa.gov/compliance/epa-form-3540-1-notice-arrival-pesticides-and-devices.

Important Note: If you’re filing the EPA NOA electronically through ACE (PGA Message Set), this paper NOA form (EPA Form 3540-1) does not apply.