Fagor: Order (2015-SE-42034)

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October 5, 2016

DOE ordered Fagor Commercial, Inc. to pay a $37,040 civil penalty after finding that Fagor had manufactured and distributed in commerce in the U.S. at least 196 units of Fagor commercial freezer models FWF-48 and FUF-48 that do not comply with the energy conservation standards.  The Order adopted a Compromise Agreement, which reflected settlement terms between DOE and Fagor.

On August 31, 2016, DOE alleged in a Notice of Proposed Civil Penalty that Fagor manufactured and distributed noncompliant commercial refrigeration equipment in the U.S.  Federal law subjects manufacturers and private labelers to civil penalties if those parties distribute in the U.S. products that do not meet applicable energy conservation standards.  This civil penalty notice advised the company of the potential penalties and DOE's administrative process, including the company's right to a hearing.

DOE issued a Notice of Noncompliance Determination to Fagor on April 8, 2016, finding that Fagor commercial freezer models FWF-48 and FUF-48 do not comport with the energy conservation standards.  DOE determined the products were noncompliant based on DOE testing and also by Fagor's own testing.  Fagor notified each person (or company) to whom Fagor distributed the noncompliant products that the products do not meet Federal standards.  In addition, Fagor provided to DOE documents and records showing the number of units Fagor distributed and to whom.