by George W. Thompson
Back in 2014, the U.S. Department of Energy (DOE) adopted new energy efficiency standards for external power supplies. This action, required under amendments to the Energy Policy and Conservation Act of 1975, followed an extensive public comment period. The notice adopting the standards is here.
As described by DOE: “These standards, which prescribe a minimum average efficiency during active mode (i.e. when an EPS [external power supply] is plugged into the main electricity supply and is supplying power in response to a load demand from another connected device) and a maximum power consumption level during no-load mode (i.e. when an EPS is plugged into the main electricity supply but is not supplying any power in response to a demand load from another connected device), are expressed as a function of the nameplate output power (i.e. the power output of the EPS).”
Yesterday’s News Is Tomorrow’s Headache
A regulation adopted in 2014 hardly seems like news, so why mention it now?
Although the standards were adopted in 2014, the effective date is February 10, 2016. That is when all affected external power supplies “manufactured in, or imported into, the United States” will be subject to the new standards. Since, as DOE recognized, most external power supplies are foreign-made, the regulation will have a disproportionately greater impact on imports than domestically-produced items.
The DOE requirement will be enforced by U.S. Customs and Border Protection (CBP).
Starting on February 10, non-conforming items will be excluded from entry into the United States, regardless of when they were shipped. I expect the enforcement effort for determining whether a shipment of power supplies meets the new standards will be a headache for CBP as well as importers. U.S. importers of external power supplies should ensure either that their products meet the new requirements or undergo CBP entry before February 10.
DOE Proposes New Import Certification Requirement
In a related development, on December 29, 2015, DOE proposed a rule that would require importers of merchandise covered by energy conservation standards to submit an electronic pre-import “certification of admissibility” to CBP. This new certification would apply in lieu of the annual certification currently required of importers. The Federal Register notice,
This document identifies the products proposed for coverage by Harmonized Tariff Schedule classification number.
DOE is seeking public comment on the proposed rule; comments are due by February 12, 2016.
