G/TBT/N/USA/1762  
12 August 2021  
(21-6192) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1791]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Residential 
dishwashers, residential clothes washers, and consumer clothes dryers; Dish -washing 
machines of the household type (HS 842211); Household or laundry -type washing 
machines, incl. machines which both wash and dry; parts thereof (HS 8450); 
Enviro nmental protection (ICS 13.020), Dishwashers (ICS 97.040.40), Laundry 
appliances (ICS 97.060)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Product Classes for Residential Dishwashers, Residential Clothes  
Washers, and Consumer Clothes Dryers (9 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and request for comment - On 
30 October 2020 ( G/TBT/N/USA/1505/Add.2 ) and 16 December 2020 
(G/TBT/N/USA/1638/Add.2 ), the Department of Energy ("DOE") published two final rules 
that established product  classes for residential dishwashers with a cycle time for the 
normal cycle of 60 minutes or less, top -loading residential clothes washers and consumer 
clothes dryers with a cycle time of less than 30 minutes, and front -loading reside ntial 
clothes washers with a cycle time of less than 45 minutes ("short -cycle product classes"). 
The rules resulted in amended energy conservation standards for these short cycle 
product classes, without determining whether the relevant statutory criteria for amending 
standards were met. Thus, DOE proposes to revoke the two earlier rules that improperly 
promulgated standards and reinstate the prior product classes and applicable standards 
for these covered products. DOE requests written comment on its propo sal and announces 
a public meeting to receive comment on this notice of proposed rulemaking ("NOPR").  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  G/TBT/N/USA/1762  
 
- 2 - 
 
  8. Relevant documents:   
86 Federal Register (FR) 43970, 11 October 2021; Title 10 Code of Federal Regulations 
(CFR) Part 430:  
https://www.govinfo.gov/content/pkg/FR -2021-08-11/html/2021 -16830.htm  
https://www.govinfo.gov/content/pkg/FR -2021-08-11/pdf/2021 -16830.pdf  
This notice of proposed rulemaking and request for comment is identified by Docket 
Number EERE -2021-BT-STD-0002. The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/EERE -2021-BT-STD-0002/document  and provides 
access to primary documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point . 
Comments received by the USA TBT Enquiry  Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within th e comment period.  
G/TBT/N/USA/1505 and Subsequent Addenda  - Energy Conservation Program: 
Establishment of a New Product Class for Residential Dishwashers  
G/TBT/N/USA/1638 and Subsequent Addenda and Corrigenda  - Energy Conservation 
Program: Establishment of New Product Classes for Residential Clothes Washers and 
Consumer Clothes Dryers  
9. Proposed date of adoption:  To be determined  
Proposed date o f entry into force:  To be determined  
10. Final date for comments:  12 October 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_5162_00_e.pdf