This week, after extensive collaboration with the Department of Energy, U.S. Customs and Border Protection and the U.S. Department of the Treasury issued a notice of proposed rulemaking proposing a mechanism to refuse admission into the customs territory of the United States to covered products that fail to meet an applicable DOE energy conservation standard. This rule, if adopted, would promote a level playing field for U.S. manufacturers and drive additional compliance with DOE energy conservation standards. The notice also provides for refusal of admission for failure to comply with an applicable Federal Trade Commission labeling requirement.
DOE has stepped up enforcement efforts to ensure manufacturers meet the energy and water conservation standards, saving American consumers and businesses money by saving them energy and promoting a level playing field for the vast majority of manufacturers, which comply with the standards. The proposed rule would support these efforts by ensuring that only products that meet the same standards as those produced in the United States are imported into the country.
The proposed rule is available here. Comments on it are due to CBP by May 25, 2012.