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Certification of Admissibility for DOE-Regulated Goods to be Submitted Through ACE

Wednesday, December 30, 2015
Sandler, Travis & Rosenberg Trade Report

The Department of Energy is proposing to require that persons importing any covered product or equipment subject to an applicable energy conservation standard provide a certification of admissibility to the DOE through the Automated Commercial Environment prior to importation. Comments, data and information regarding this proposed rule are due no later than Feb. 12, 2016.

DOE regulations currently require persons importing affected goods to submit annual certifications that the goods they intend to import are compliant with all applicable energy conservation standards. These certifications must provide specific information for each basic model and be submitted on product-specific templates to DOE’s Compliance and Certification Management System, which assigns each submission a unique attachment identification number.

However, in light of 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 rule would require importers of affected 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 U.S. port of entry.

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 example, an importer would need to submit an electronic record for all affected electric motors regardless of whether they would be imported as a stand-alone product or as a component part of another product not subject to DOE regulations (e.g., a treadmill). Similarly, an importer of a laptop computer that is bundled with an external power supply would be required to submit a certification of admissibility for the power supply.

If the shipment contains any affected goods, the importer would be required to state whether they have been certified to DOE as compliant with all applicable energy conservation standards and, if so, the CCMS ticket number, the CCMS attachment identification number assigned to the certification submission, and the line number in the submission corresponding to the basic model certified. If any affected good contained in the shipment has not been certified to DOE through CCMS, the importer would be required to include in its 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.

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