EPCA’s Non-Tariff Barrier. CBP adopts a new regulation – 19 C.F.R. § 12.50 – to help its sister agencies FTC and DOE bring Energy Policy and Conservation Act of 1975 (EPCA) mandate to U.S. borders. Now CBP has regulatory framework to see if certain products are labeled and manufactured in compliance with EPCA. Now, if CBP finds that importer does not follow FTC and DOE EPCA recommendations, that product will be refused admission into the United States. Obvious questions that follow include: What are these certain products? What are manufacturing standards? What are the labeling requirements? Before this inquiry is made, establishment of basic jurisdictional responsibilities between FTC, DOE, and CBP may probably help. Basically, DOE is responsible for technical side of EPCA standards for “certain” appliances. FTC’s responsibility mainly pertains to labeling requirements of DOE’s EPCA standards. CBP responsibility is to see that FTC and DOE rules in fact apply to imports. According to the DOE’s Building Technologies Office, there are over 50 products that have EPCA standards. The list is broken down into (1) residential products, (2) commercial and industrial products, (3) lightning products, and (4) pluming products. But, if an importer finds that no standards – according…
Published July 8, 2013 by Yuri Starikov
