40 CFR §98.437
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)In addition to the data required by § 98.3(g), importers of fluorinated GHGs in pre-charged equipment and closed-cell foams must retain the following records substantiating each of the imports that they report:
- (1)A copy of the bill of lading for the import.
- (2)The invoice for the import.
- (3)The U.S. Customs entry form.
- (4)Ports of entry through which the pre-charged equipment or closed-cell foams passed.
- (5)Countries from which the pre-charged equipment or closed-cell foams were imported.
- (6)For importers that report the mass of fluorinated GHGs within closed-cell foams on a CO2e basis, correspondence or other documents that show the importer was unable to obtain information on the identity and mass of fluorinated GHG within closed-cell foams from the foam manufacturer.
- (b)In addition to the data required by § 98.3(g), exporters of fluorinated GHGs in pre-charged equipment and closed-cell foams must retain the following records substantiating each of the exports that they report:
- (1)A copy of the bill of lading for the export and
- (2)The invoice for the export.
- (3)Ports of exit through which the pre-charged equipment or closed-cell foams passed.
- (4)Countries to which the pre-charged equipment or closed-cell foams were exported.
- (5)For exporters that report the mass of fluorinated GHGs within closed-cell foams on a CO2e basis, correspondence or other documents that show the exporter was unable to obtain information on the identity and mass of fluorinated GHG within closed-cell foams from the foam manufacturer.
- (c)For importers and exports of fluorinated GHGs inside pre-charged equipment and closed-cell foams, the GHG Monitoring Plans, as described in § 98.3(g)(5), must be completed by April 1, 2011.
- (d)Persons who transship pre-charged equipment and closed-cell foams containing fluorinated GHGs must maintain records that indicated that the pre-charged equipment or foam originated in a foreign country and was destined for another foreign country and did not enter into commerce in the United States.