. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/USA/688 
4 April 2012  
 (12-1790) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  UNITED STATES  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Department of Homeland Security (DHS), Customs and Border Patrol 
(CBP) (705) 
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 :    
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):  Energy conservation 
labelling (ICS 01.120, 13.020) 
5. Title, number of pages and language(s) of the notified document:  Inadmissibility of 
Consumer Products and Industr ial Equipment Noncompliant with Applicable Energy 
Conservation or Labelling Standards (4 pages, in English)     
6. Description of content:  This document proposes amendments to the Customs and Border  
Protection (CBP) regulations to provide that if certain imports do not comply with applicable 
energy conservation or labeling standards, CBP will refuse admission when so notified by the 
Department of Energy (DOE) or the Federa l Trade Commission (FTC) and CBP may, upon a 
recommendation from DOE or FTC, conditionally release the goods so that they may be 
brought into compliance. Specifically, CBP will re fuse admission into the customs territory of 
the United States to consumer products and industrial equipment deemed noncompliant with the Energy Policy and Conservation Act of 1975 (EPCA) and its impl ementing regulations, 
and for which CBP has received written notice from the DOE or the FTC that identifies 
merchandise as noncompliant with applicable EPCA requirements. In  lieu of immediate 
refusal of admission, and upon written or el ectronic notice by DOE or FTC, CBP may 
conditionally release under bond to the importer  such noncompliant products or equipment 
for purposes of reconditioning, re-labeling, or other action so as to bring the subject product 
or equipment into compliance with applicable energy conservation and labeling admissibility 
standards. If the subject import is not timely br ought into compliance, CBP,  at the direction of 
DOE or FTC, will issue a refusal of admission notice to the importer and demand redelivery 
of the subject products to CBP custody. A failure  to comply with a demand for redelivery will 
result in the assessment of liquidated damage s. This proposed regulation, if adopted, will 
implement the mandate of the EPCA, as amended, to preclude admission into the United States of certain consumer products and indus trial equipment that do not meet applicable 
labeling or energy conservation requirements. G/TBT/N/USA/688 
Page 2  
 
  7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of the environment and consumers.  
8. Relevant documents:   77 Federal Register (FR) 17364,  26 March 2012; Title 19 Code of 
Federal Regulations (CFR) Part 12. Will appear in the Federal Register when adopted.   
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
10. Final date for comments:  25 May 2012 
11. Text available from:  National enquiry point [X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:    
Internet URLs: 
http://www.gpo.gov/fdsys/pkg/ FR-2012-03-26/html/2012-7105.htm  
http://www.gpo.gov/fdsys/pkg/FR-2012-03-26/pdf/2012-7105.pdf