---
kind: "section"
citation: "15 U.S.C. § 2611"
title: "15"
title_heading: "Commerce and Trade"
number: "2611"
heading: "Exports"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2611"
units:
  - "Chapter 53 — Toxic Substances Control"
  - "Subchapter I — Control of Toxic Substances"
---

# §2611. Exports

- (a) **In general—**
  - (1) Except as provided in [paragraph (2)](#a-2) and subsections [(b)](#b) and [(c)](#c), this chapter (other than [section 2607 of this title](/usc/15/2607.md)) shall not apply to any [chemical substance](/usc/15/2602.md?p=2-A), [mixture](/usc/15/2602.md?p=10), or to an article containing a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10), if—
    - (A) it can be shown that such substance, [mixture](/usc/15/2602.md?p=10), or article is being manufactured, processed, or distributed in [commerce](/usc/15/2602.md?p=3) for export from the [United States](/usc/15/2602.md?p=17), unless such substance, [mixture](/usc/15/2602.md?p=10), or article was, in fact, manufactured, processed, or distributed in [commerce](/usc/15/2602.md?p=3), for use in the [United States](/usc/15/2602.md?p=17), and
    - (B) such substance, [mixture](/usc/15/2602.md?p=10), or article (when distributed in [commerce](/usc/15/2602.md?p=3)), or any container in which it is enclosed (when so distributed), bears a stamp or label stating that such substance, [mixture](/usc/15/2602.md?p=10), or article is intended for export.
  - (2) [Paragraph (1)](#a-1) shall not apply to any [chemical substance](/usc/15/2602.md?p=2-A), [mixture](/usc/15/2602.md?p=10), or article if the [Administrator](/usc/15/2602.md?p=1) finds that the substance, [mixture](/usc/15/2602.md?p=10), or article presents an unreasonable risk of injury to health within the [United States](/usc/15/2602.md?p=17) or to the [environment](/usc/15/2602.md?p=6) of the [United States](/usc/15/2602.md?p=17). The [Administrator](/usc/15/2602.md?p=1) may require, under [section 2603 of this title](/usc/15/2603.md), testing of any [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) exempted from this chapter by [paragraph (1)](#a-1) for the purpose of determining whether or not such substance or [mixture](/usc/15/2602.md?p=10) presents an unreasonable risk of injury to health within the [United States](/usc/15/2602.md?p=17) or to the [environment](/usc/15/2602.md?p=6) of the [United States](/usc/15/2602.md?p=17).
- (b) **Notice—**
  - (1) If any [person](/usc/15/7a.md?p=6) exports or intends to export to a foreign country a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) for which the submission of information is required under section [2603](/usc/15/2603.md) or [2604(b)](/usc/15/2604.md?p=b) of this title, such [person](/usc/15/7a.md?p=6) shall notify the [Administrator](/usc/15/2602.md?p=1) of such exportation or intent to export and the [Administrator](/usc/15/2602.md?p=1) shall furnish to the government of such country notice of the availability of the information submitted to the [Administrator](/usc/15/2602.md?p=1) under such section for such substance or [mixture](/usc/15/2602.md?p=10).
  - (2) If any [person](/usc/15/7a.md?p=6) exports or intends to export to a foreign country a [chemical substance](/usc/15/2602.md?p=2-A) or [mixture](/usc/15/2602.md?p=10) for which an order has been issued under [section 2604 of this title](/usc/15/2604.md) or a rule has been proposed or promulgated under section [2604](/usc/15/2604.md) or [2605](/usc/15/2605.md) of this title, or with respect to which an action is pending, or relief has been granted under section [2604](/usc/15/2604.md) or [2606](/usc/15/2606.md) of this title, such [person](/usc/15/7a.md?p=6) shall notify the [Administrator](/usc/15/2602.md?p=1) of such exportation or intent to export and the [Administrator](/usc/15/2602.md?p=1) shall furnish to the government of such country notice of such rule, order, action, or relief.
- (c) **Prohibition on export of elemental mercury and mercury compounds—**
  - (1) **Prohibition—** Effective January 1, 2013, the export of elemental mercury from the [United States](/usc/15/2602.md?p=17) is prohibited.
  - (2) **Inapplicability of subsection (a)—** [Subsection (a)](#a) shall not apply to this subsection.
  - (3) **Report to Congress on mercury compounds—**
    - (A) **Report—** Not later than one year after October 14, 2008, the [Administrator](/usc/15/2602.md?p=1) shall publish and submit to Congress a report on mercuric chloride, mercurous chloride or calomel, mercuric oxide, and other mercury compounds, if any, that may currently be used in significant quantities in products or [processes](/usc/15/2602.md?p=13). Such report shall include an analysis of—
      - (i) the sources and amounts of each of the mercury compounds imported into the [United States](/usc/15/2602.md?p=17) or manufactured in the [United States](/usc/15/2602.md?p=17) annually;
      - (ii) the purposes for which each of these compounds are used domestically, the amount of these compounds currently consumed annually for each purpose, and the estimated amounts to be consumed for each purpose in 2010 and beyond;
      - (iii) the sources and amounts of each mercury compound exported from the [United States](/usc/15/2602.md?p=17) annually in each of the last three years;
      - (iv) the potential for these compounds to be processed into elemental mercury after export from the [United States](/usc/15/2602.md?p=17); and
      - (v) other relevant information that Congress should consider in determining whether to extend the export prohibition to include one or more of these mercury compounds.
    - (B) **Procedure—** For the purpose of preparing the report under this paragraph, the [Administrator](/usc/15/2602.md?p=1) may utilize the information gathering authorities of this subchapter, including sections [2609](/usc/15/2609.md) and [2610](/usc/15/2610.md) of this title.
  - (4) **Essential use exemption—**
    - (A) Any [person](/usc/15/7a.md?p=6) residing in the [United States](/usc/15/2602.md?p=17) may petition the [Administrator](/usc/15/2602.md?p=1) for an exemption from the prohibition in [paragraph (1)](#c-1), and the [Administrator](/usc/15/2602.md?p=1) may grant by rule, after notice and opportunity for comment, an exemption for a specified use at an identified foreign facility if the [Administrator](/usc/15/2602.md?p=1) finds that—
      - (i) nonmercury alternatives for the specified use are not available in the country where the facility is located;
      - (ii) there is no other source of elemental mercury available from domestic supplies (not including new mercury mines) in the country where the elemental mercury will be used;
      - (iii) the country where the elemental mercury will be used certifies its support for the exemption;
      - (iv) the export will be conducted in such a manner as to ensure the elemental mercury will be used at the identified facility as described in the petition, and not otherwise diverted for other uses for any reason;
      - (v) the elemental mercury will be used in a manner that will protect human health and the [environment](/usc/15/2602.md?p=6), taking into account local, regional, and global human health and environmental impacts;
      - (vi) the elemental mercury will be handled and managed in a manner that will protect human health and the [environment](/usc/15/2602.md?p=6), taking into account local, regional, and global human health and environmental impacts; and
      - (vii) the export of elemental mercury for the specified use is consistent with international obligations of the [United States](/usc/15/2602.md?p=17) intended to reduce global mercury supply, use, and pollution.
    - (B) Each exemption issued by the [Administrator](/usc/15/2602.md?p=1) pursuant to this paragraph shall contain such terms and conditions as are necessary to minimize the export of elemental mercury and ensure that the conditions for granting the exemption will be fully met, and shall contain such other terms and conditions as the [Administrator](/usc/15/2602.md?p=1) may prescribe. No exemption granted pursuant to this paragraph shall exceed three years in duration and no such exemption shall exceed 10 metric tons of elemental mercury.
    - (C) The [Administrator](/usc/15/2602.md?p=1) may by order suspend or cancel an exemption under this paragraph in the case of a violation described in [subparagraph (D)](#c-4-D).
    - (D) A violation of this subsection or the terms and conditions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under [section 2614 of this title](/usc/15/2614.md), and shall be subject to penalties under [section 2615 of this title](/usc/15/2615.md), injunctive relief under [section 2616 of this title](/usc/15/2616.md), and citizen suits under [section 2619 of this title](/usc/15/2619.md).
  - (5) **Consistency with trade obligations—** Nothing in this subsection affects, replaces, or amends prior law relating to the need for consistency with international trade obligations.
  - (6) **Export of coal—** Nothing in this subsection shall be construed to prohibit the export of coal.
  - (7) **Prohibition on export of certain mercury compounds—**
    - (A) **In general—** Effective January 1, 2020, the export of the following mercury compounds is prohibited:
      - (i) Mercury (I) chloride or calomel.
      - (ii) Mercury (II) oxide.
      - (iii) Mercury (II) sulfate.
      - (iv) Mercury (II) nitrate.
      - (v) Cinnabar or mercury sulphide.
      - (vi) Any mercury compound that the [Administrator](/usc/15/2602.md?p=1) adds to the list published under [subparagraph (B)](#c-7-B) by rule, on determining that exporting that mercury compound for the purpose of regenerating elemental mercury is technically feasible.
    - (B) **Publication—** Not later than 90 days after June 22, 2016, and as appropriate thereafter, the [Administrator](/usc/15/2602.md?p=1) shall publish in the Federal Register a list of the mercury compounds that are prohibited from export under this paragraph.
    - (C) **Petition—** Any [person](/usc/15/7a.md?p=6) may petition the [Administrator](/usc/15/2602.md?p=1) to add a mercury compound to the list published under [subparagraph (B)](#c-7-B).
    - (D) **Environmentally sound disposal—** This paragraph does not prohibit the export of mercury compounds on the list published under [subparagraph (B)](#c-7-B) to member countries of the Organization for Economic Co-operation and Development for environmentally sound disposal, on the condition that no mercury or mercury compounds so exported are to be recovered, recycled, or reclaimed for use, or directly reused, after such export.
    - (E) **Report—** Not later than 5 years after June 22, 2016, the [Administrator](/usc/15/2602.md?p=1) shall evaluate any exports of mercury compounds on the list published under [subparagraph (B)](#c-7-B) for disposal that occurred after June 22, 2016, and shall submit to Congress a report that—
      - (i) describes volumes and sources of mercury compounds on the list published under [subparagraph (B)](#c-7-B) exported for disposal;
      - (ii) identifies receiving countries of such exports;
      - (iii) describes methods of disposal used after such export;
      - (iv) identifies issues, if any, presented by the export of mercury compounds on the list published under [subparagraph (B)](#c-7-B);
      - (v) includes an evaluation of management options in the [United States](/usc/15/2602.md?p=17) for mercury compounds on the list published under [subparagraph (B)](#c-7-B), if any, that are commercially available and comparable in cost and efficacy to methods being utilized in such receiving countries; and
      - (vi) makes a recommendation regarding whether Congress should further limit or prohibit the export of mercury compounds on the list published under [subparagraph (B)](#c-7-B) for disposal.
    - (F) **Effect on other law—** Nothing in this paragraph shall be construed to affect the authority of the [Administrator](/usc/15/2602.md?p=1) under the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).

## Source credit

(Pub. L. 94–469, title I, § 12, Oct. 11, 1976, 90 Stat. 2033; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 110–414, § 4, Oct. 14, 2008, 122 Stat. 4342; Pub. L. 114–182, title I, §§ 10(a), (b), 19(k), June 22, 2016, 130 Stat. 477, 508.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsec. (c)(7)(F), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

### Amendments

2016—Subsec. (a)(2). Pub. L. 114–182, § 10(a), substituted “presents” for “will present”.

Subsec. (b)(1). Pub. L. 114–182, § 19(k), substituted “information” for “data” in two places.

Subsec. (c). Pub. L. 114–182, § 10(b)(1), inserted “and mercury compounds” after “mercury” in heading.

Subsec. (c)(7). Pub. L. 114–182, § 10(b)(2), added par. (7).

2008—Subsec. (a)(1). Pub. L. 110–414, § 4(1), substituted “subsections (b) and (c)” for “subsection (b)” in introductory provisions.

Subsec. (c). Pub. L. 110–414, § 4(2), added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

### Findings

Pub. L. 110–414, § 2, Oct. 14, 2008, 122 Stat. 4341, provided that: “Congress finds that— mercury is highly toxic to humans, ecosystems, and wildlife; as many as 10 percent of women in the United States of childbearing age have mercury in the blood at a level that could put a baby at risk; as many as 630,000 children born annually in the United States are at risk of neurological problems related to mercury; the most significant source of mercury exposure to people in the United States is ingestion of mercury-contaminated fish; the Environmental Protection Agency reports that, as of 2004— 44 States have fish advisories covering over 13,000,000 lake acres and over 750,000 river miles; in 21 States the freshwater advisories are statewide; and in 12 States the coastal advisories are statewide; the long-term solution to mercury pollution is to minimize global mercury use and releases to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption since uncontaminated fish represents a critical and healthy source of nutrition worldwide; mercury pollution is a transboundary pollutant, depositing locally, regionally, and globally, and affecting water bodies near industrial sources (including the Great Lakes) and remote areas (including the Arctic Circle); the free trade of elemental mercury on the world market, at relatively low prices and in ready supply, encourages the continued use of elemental mercury outside of the United States, often involving highly dispersive activities such as artisinal [probably should be “artisanal”] gold mining; the intentional use of mercury is declining in the United States as a consequence of process changes to manufactured products (including batteries, paints, switches, and measuring devices), but those uses remain substantial in the developing world where releases from the products are extremely likely due to the limited pollution control and waste management infrastructures in those countries; the member countries of the European Union collectively are the largest source of elemental mercury exports globally; the European Commission has proposed to the European Parliament and to the Council of the European Union a regulation to ban exports of elemental mercury from the European Union by 2011; the United States is a net exporter of elemental mercury and, according to the United States Geological Survey, exported 506 metric tons of elemental mercury more than the United States imported during the period of 2000 through 2004; and banning exports of elemental mercury from the United States will have a notable effect on the market availability of elemental mercury and switching to affordable mercury alternatives in the developing world.”