The Department of Energy (DOE) is proposing to require that persons importing any covered product or equipment subject to an applicable energy conservation standard provide a certification of admissibility to the DOE through the Automated Commercial Environment (ACE) prior to importation. DOE regulations currently require persons importing affected goods to submit annual certifications that the goods they intend to import are compliant with all applicable energy conservation standards.
In light of the requirement for federal agencies to use the International Trade Data System and ACE to create a single window through which businesses will electronically submit import-related data for clearance, this rule would require importers of affected goods falling under specified HTSUS numbers to provide a certification of admissibility for each shipment of such goods through ACE before their arrival at a U.S. port of entry.
DOE states that this requirement would apply to all such goods contained in the shipment, either as a final product or a component part of a final product. For example, an importer would need to submit an electronic record for all affected electric motors regardless of whether they would be imported as a stand-alone product or as a component part of another product not subject to DOE regulations (e.g., a treadmill). Similarly, an importer of a laptop computer that is bundled with an external power supply would be required to submit a certification of admissibility for the power supply.
Comments, data, and information regarding this proposed rule are due no later than Feb. 12, 2016. In light of the increased burden of filing for each shipment, we encourage our customers who may be affected by this proposal to take the opportunity to submit your comments. Comments regarding the Certification of Admissibility for DOE Regulated Goods may be submitted via www.regulations.gov.
The entire Sandler, Travis & Rosenberg, P.A. article is available here.