G/TBT/N/USA/1833  
8 February 2022  
(22-0964) 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) [1862]  
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 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]: 
Comments requested on tentative determination made by the U.S. Department of Energy 
(DOE) that coverage of miscellaneous gas products is necessary and appropriate to carry 
out for the purposes of the Energy Policy and Conservation  Act ("EPCA").  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Miscellaneous gas products; Environmental protection (ICS 13.020), Domestic, 
commercial and industrial heating appliances (ICS 97.100)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Proposed Determination  of Miscellaneous Gas Products as a 
Covered Consumer Product (10 page(s), in English)  
6. Description of content:  Notification of proposed determination and request for 
comment - The U.S. Department of Energy ("DOE") has tentatively  determined that 
miscell aneous gas products, which are comprised of  decorative hearths and outdoor 
heaters, qualify as covered products  under Part A of Title III of the Energy Policy and 
Conservation Act, as  amended ("EPCA"). DOE has tentatively determined that coverage 
of miscel laneous gas products is necessary and appropriate to carry out  the purposes of 
EPCA, and that the average U.S. household energy use  for miscellaneous gas products is 
likely to exceed 100 kilowatt -hours  per year.  
7. Objective and rationale, including the n ature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  
8. Relevant documents:   
87 Federal Register (FR) 6786, 7 February 2022; Title 10 Code of Federal Regulations 
(CFR) Part 430: 
https://www.govinfo.gov/content/pkg/FR -2022-02-07/html/2022 -02386.htm  
https://www.govinfo.gov/content/pkg/FR -2022-02-07/pdf/2022 -02386.pdf  G/TBT/N/USA/1833  
 
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  This Notification of proposed determination and request for comment is identified by 
Docket Number  EERE-2021-BT-DET-0034. The Docket Folder is available on 
Regulations.gov a t https://www.regulations.gov/docket/EERE -2021-BT-DET-
0034/document  and provides access to primary documents as well as comments 
received. Documents are also acce ssible from Regulations.gov  by searching the Docket 
Number. WTO Members and their stakeholders are asked to submit comments to the  USA 
TBT Enquiry Point by or before 4pm Eastern Time  on 8 April 2022. 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 the comment period.  
G/TBT/N/USA/508/Add.1 - Energy Conservation Program: Energy Conservation Standards 
for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters; Final Rule  
published 16 April 2010 (a Correction  published 27 April 2010 and notified as 
G/TBT/N/USA/508/Add.2 ) identified by Docket Number  EE-2006-BT-STD-0129.  
G/TBT/N/USA/642/Add.2 - Energy Conservation Program: Energy Conservation Standards 
for Direct Heati ng Equipment; Final Rule  published 18 November 2011 identified by 
Docket Number EERE-2011-BT-STD-0047. 
USA/635/Add.2  - Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Furnaces; Energy Conservation Stand ards for 
Residential Direct Heating Equipment; Final rule; technical amendment  published 29 July 
2014.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 April 2022  
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/2022/TBT/USA/22_1452_00_e.pdf