Form 3540-01 at a glance
What it is: 19 CFR 12.112(a) requires an importer or the importer's agent to submit a Notice of Arrival of Pesticides and Devices on EPA Form 3540-1.
Who signs: Box 21: sign the Signature of Importer of Record or Licensed Customs Broker line and enter the Date.
Where and when to file: Submit NOA(s) to the EPA office having jurisdiction over the state/territory of the port of entry.
19 CFR 12.112(a) requires an importer or the importer's agent desiring to import pesticides or devices into the United States to submit, prior to arrival of the shipment in the United States, a Notice of Arrival of Pesticides and Devices on EPA Form 3540-1.
The importer of record or licensed customs broker must complete Part I of the NOA form.
What to bring and attach to Form 3540-01
It is recommended that all applicable blocks in Part I be completed prior to submission to EPA, and that a copy of the label affixed to the product be submitted with each NOA.
Additional supporting documentation (e.g., CBP Form 7501, 3461, or 3461 ALT) for validating information provided may also be included with the submission.
A filled-in Form 3540-01 example: an importer and a broker file for one shipment
How to fill out Form 3540-01, box by box
Boxes 1 to 3, the broker, the importer and the shipper
Box 1: enter the Name, Complete Mailing Address, and Email Address of the Licensed Customs Broker.
A customs broker is licensed to transact customs business on behalf of others (19 CFR § 111.1).
Box 2: enter the Name, Complete Mailing Address, and Email Address of the Importer of Record.
The importer means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. The importer may be the consignee, or the importer of record, or the actual owner of merchandise, or the transferee of the merchandise.
Box 3: enter the Name, Complete Mailing Address, and Email Address of the Shipper, the person primarily responsible for exporting the pesticide or pesticide device to the United States.
Check the box to return the form to the Licensed Customs Broker or the Importer of Record.
When providing an address, the complete address should include the mailing location, e-mail address, and telephone number of the contact person.
Boxes 4 to 7, the product
Box 4: enter the EPA Registration Number, the pesticide product registration number assigned at the time of registration that identifies the product.
The product registration number must be an approved EPA Registration No. as it appears on the pesticide product label.
If the pesticide does not have an EPA registration number, it is recommended that “OTHER” be written in block 4 and block 18 be completed.
If the product is a device, write the word “DEVICE” in block 4.
Box 5: enter the EPA Producer Establishment Number.
Foreign establishments that produce pesticides or devices for distribution in the United States are required to have an EPA-registered producer establishment number pursuant to 40 CFR 167.20(a)(2).
Box 6: enter the Brand Name of Pesticide Product or Pesticide Device, the name of the pesticide product as it appears on the label at the time of import.
Box 7: enter the Active Ingredients and Percentage of Each, listing each active ingredient by percentage.
If the product is a pesticide device, this block may be left blank.
Boxes 8 to 12, the shipment
Enter Unit Size (e.g., 500 lbs.) in box 8, Quantity (e.g., 10 bags) in box 9 and Total Net Weight (e.g., 5,000 lbs.) in box 10.
Unit Size is the net weight or net contents as identified on the product label of the pesticide or device in the immediate container, not including the wrapper or other packaging materials.
Quantity is the number of units comprising the shipment as defined at 19 CFR § 101.1.
Total Net Weight is unit size multiplied by quantity.
Box 11: enter the Country of Origin, the country of manufacture, production, or formulation of the pesticide or device of foreign origin entering the United States.
Box 12: enter the Port of Entry, the port of entry where the pesticide or device offered for import is processed for entry into the United States. Enter either the port code or the city and state.
Boxes 13 to 17, the carrier, the entry and the goods
Box 13: enter the Name, Complete Mailing Address, and Email Address of the Carrier, a person or carrier service (rail, ship, airline, trucking).
Box 14: enter the Entry Number, the 11-character entry number using the format XXX-NNNNNNNN, including the hyphen as defined at 19 CFR 142.3a(b).
Box 15: enter the Anticipated Entry Date, the anticipated date of entry into the United States or anticipated date when the pesticide or device will arrive within the port of entry limits.
Box 16: list the block numbers where information constituting Confidential Business Information (CBI) is shown.
Information provided in blocks 4, 5, 6, and 7 is not entitled to confidential treatment under section 7(d) of FIFRA and under labeling requirements for pesticides at 40 CFR 156.10, and will be made public with no further notice.
Box 17: enter the Location of Goods for Examination after Importation, the physical address of the location of goods after release to the consignee.
Block 18, pesticides without an EPA Registration Number
Importation of Pesticides without an EPA Registration Number: it is recommended that block 18 be completed when importing an unregistered pesticide.
Check all that apply and provide additional information as indicated.
18a. A pesticide transferred between registered establishments operated by the same producer: Domestic Producer Establishment Number (40 CFR §152.30(a)). 18b. A pesticide transferred between registered establishments not operated by the same producer: Domestic Producer Establishment Number (40 CFR §152.30(b)); EPA Registration Number of Product being Formulated, if applicable.
18c. A pesticide distributed under an Experimental Use Permit: enter the Experimental Use Permit Number (40 CFR §152.30(c)(1)).
18d. A Pesticide distributed for research and development purposes without an Experimental Use Permit (40 CFR §152.30(c)(2)).
Part I (continued), blocks 18e to 18h
Under Part I (continued), enter the EPA Registration Number, Product Name, Total Net Weight and Entry Number.
18e. A pesticide transferred solely for export (40 CFR §152.30(d)/ PRN 99-1): enter the foreign purchaser details in Box 19.
18f. A pesticide distributed under an emergency exemption: enter the Emergency Exemption Number (40 CFR §152.30(e)).
18g. A pesticide transferred for the purposes of disposal (40 CFR §152.30(f)).
Other: provide an explanation including the intended use and a description of why the product is being imported into the United States in Block 19 -- Remarks.
Block 19, remarks
Box 19, Remarks: this block may be used to provide additional information. It is recommended that a copy of the label affixed to the product be submitted with the Notice of Arrival (NOA).
Boxes 20 and 21, the certification and signature
Certification: “I certify that the statements I made on this form and all attachments thereto are true, accurate and complete.”
Any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law.
Box 20: print the Printed Name of Importer of Record or Licensed Customs Broker and the Telephone No.
Box 21: sign the Signature of Importer of Record or Licensed Customs Broker line and enter the Date.
More rules for Form 3540-01
Read Instructions before completing form.
EPA may require and request additional documentation in order to review and make final compliance determinations regarding import shipments.
Common questions about Form 3540-01
Is there a deadline?
A separate NOA must be submitted for each pesticide or device in each shipment prior to its arrival at the port of entry.
Where do I file it?
EPA Form 3540-1 should be addressed to "Pesticide Imports Coordinator". Submit NOA(s) to the EPA office having jurisdiction over the state/territory of the port of entry.
Sources
[1] EPA Form 3540-01 (Rev 4/26), Notice of Arrival of Pesticides and Devices, U.S. Environmental Protection Agency (the Official source link on this page).