CBP publishes final rule to refuse importation or conditionally release consumer products and industrial equipment noncompliant with energy conservation or labelling standards

On 5 July 2013, US Customs and Border Protection (CBP) published a final rule that amends the CBP regulations that allow CBP to deny importation of, or conditionally release, certain consumer products and industrial equipment that do not comply with the energy conservation or labelling standards of the Energy Policy and Conservation Act of 1975 (EPCA). The final rule amends Part 12 of Title 19 of the Code of Federal Regulations (19 CFR Part 12) by adding a new Section § 12.50 that sets forth CBP’s procedures to restrict importation of noncompliant products subject to EPCA requirements. Manufacturers and importers of consumer products and industrial equipment should ensure that their products comply with applicable EPCA requirements prior to importation into the US. However, even where products are initially refused entry, procedures may be followed to bring products into conformity after importation.

The final rule is effective from 5 August 2013…

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