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ACE Submission of Certification for DOE-Regulated Goods Gets More Time for Comments

Monday, May 16, 2016
Sandler, Travis & Rosenberg Trade Report

The Department of Energy has again reopened, this time through June 15, the comment period regarding its proposal to require that persons importing any covered product or equipment subject to an applicable energy conservation standard provide a certification of admissibility to DOE through the Automated Commercial Environment prior to importation.

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 be submitted on product-specific templates. This rule, however, 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. This requirement would apply to all such goods contained in the shipment, either as a final product or as a component part of a final product.

DOE states that it is particularly interested in comments and views on how to minimize the burden of data collection on importers while providing DOE with traceability information sufficient to determine whether a covered import is one that DOE has previously identified as noncompliant with the relevant standard and, if so, to provide a description of the noncompliant import sufficient to enable U.S. Customs and Border Protection to identify the goods and refuse them admission into the U.S. customs territory.

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