Cargo Systems Messaging Service

CSMS #51798905 - EPA Update on Filing Paper Notices of Arrival (EPA Form 3540-1) During EPA’s Workforce Transition

EPA has updated a notice posted in March 2020 that alerted the regulated community of a temporary process EPA established for handling paper NOA filings during the COVID-19 pandemic.

At the beginning of the pandemic, EPA shifted to telework-based operations and adjusted procedures normally conducted through the exchange of paper documents, such as the filing of some Notices of Arrival of Pesticides and Devices (EPA Form 3540-1). As EPA transitions their workforce return to the workplace and workplace flexibilities, EPA will continue the process established at the beginning of the pandemic regarding the submission of EPA Form 3540-1.

Important:  The paper EPA Form 3540-1 must be signed by EPA before filing in ACE.  When filing in ACE, the importer or their authorized agent must file either a Disclaim Code C or D in ACE.  Disclaim Code C is to be used when a digital or electronic image of the paper EPA-signed Form 3540-1 will be uploaded in the Document Image System (DIS).  Disclaim Code D is to be used to indicates the hard copy of the paper EPA-signed Form 3540-1 will be sent with the shipment rather than uploading the image of the signed form in DIS.

The updated notification can be found at https://www.epa.gov/compliance/importing-and-exporting-pesticides-and-devices.