- For EPA NOA information submitted in paper form, EPA Form 3540-1 must have been signed by the appropriate EPA regional office for the state/territory where the shipment is to arrive and indicate any action to be taken by CBP with respect to the shipment. See the EPA Tips for Trade, link provided below, for a more detailed description of the filing options and instructions.
- Under the electronic alternative, importers can submit the data required by EPA Form 3540-1 through the Partner Government Agency (PGA) Message Set and upload an image of the on-product market label (final printed label) that is on the product being imported into ACE’s Document Image System (DIS). ACE will complete a series of automatic checks to determine if there are problems with the information submitted and will issue electronic notifications to the importer. A successful filing through the PGA Message Set will trigger a “may proceed” message to CBP via ACE. Filings that do not pass the initial checks will receive a “reject” or “hold intact” notification. EPA staff may review and provide feedback directly to the importer, and the importer may correct the filing.
- For more detailed information on the EPA NOA filing options and procedures and tips for preventing common filing errors, importers and their brokers may refer to the EPA Tips for Trade in Filing EPA Notices of Arrival of Pesticides and Devices.
Filing Paper Notices of Arrival (EPA Form 3540-1) During the COVID-19 Pandemic
As the coronavirus pandemic evolves worldwide, the Environmental Protection Agency’s (EPA) remains committed to its mission of protecting human health and the environment. However, like many employers, the EPA has implemented risk-based policies and procedures based on the Centers for Disease Control and Prevention (CDC) to safeguard the health and safety of EPA personnel and minimize further transmission of the virus. These include shifting to telework-based operations. This has necessitated adjustments to procedures normally conducted through the exchange of paper documents, such as the filing of some Notices of Arrival of Pesticides and Devices (NOAs/EPA Form 3540-1).
Upon entry of a shipment of pesticides or pesticide devices into the United States, and concurrent with the filing of the entry documentation, the United States Customs Border and Protection (CBP) must be in receipt of a signed paper EPA Form 3540-1 or its electronic equivalent via the Automated Commercial Environment (ACE). Filings for most, but not all, entry types can be accomplished through ACE. Normally, paper NOAs are mailed or delivered to the relevant EPA Import Coordinator at their respective regional offices via USPS or courier. During the pandemic, the coordinators will have limited or no ability to receive documents through these channels. Therefore, they are accepting them via e-ma