The Department of Energy (DOE) is proposing a new rule that would require persons importing products and equipment covered under/subject to an applicable energy conservation standard to provide a certification of admissibility to the DOE through the Automated Commercial Environment (ACE). Comments, data, and information regarding the newly proposed rule are due no later than February 12, 2016.

The proposed rule differs from current DOE regulations that require persons importing covered goods to submit annual certifications ensuring all products are compliant with applicable energy conservation standards.

The DOE’s proposed rule works in coordination with 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 regulation would require importers of covered 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 US port of entry. The 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 all shipments of covered goods, the importer would be required to provide the DOE certification with applicable energy conservation standards, the CCMS ticket number, the CCMS attachment identification number assigned to the certification submission, and the line number corresponding to the certified goods. For products contained within the shipment that have not been certified to the DOE through CCMS, the importer would be required to include, for certification of admissibility, the type of good, its brand name and individual model number, the original equipment manufacturer of the good, and a contact name and e-mail address for the importer of record.

For further information about the DOE’s proposed rule, a listing of affected HTS numbers, and contact information for submitting comments, please see Federal Register Volume 80, Number 249. For additional questions, please send an email to Deringer’s Compliance Department.