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‘No Evidence’ That DOE Energy Efficiency Import Rule Is ‘Necessary,’ CTA Says

The Department of Energy should “abandon” or “at least, delay finalization,” of its proposed rule to require the filing of additional data elements in ACE for products subject to energy efficiency standards, the Consumer Technology Association said in recent comments…

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(here). CTA objected to the proposed rule “in both substance and timing,” it said. “While all manufacturers and importers must comply with federal law and companies would also want their competitors to do so,” the proposed rule “is unnecessary and unsupported,” it said. The eight-page filing follows joint comments CTA filed Feb. 29 with other groups (see 1603140027), also asking DOE to withdraw the proposed rule or suspend the rulemaking process to do “further analysis and significant outreach.” Other commenters raised similar concerns (see 1603160021). There's “no evidence” DOE’s proposed rule is “necessary,” CTA said in its latest comments. DOE “has not provided any data that supports the allegation that importers across the board are disproportionately bringing non-compliant products into the country at a significant level,” CTA said. The proposed rule “only provides some anecdotal information about imported motors’ noncompliance,” it said. “CTA supports and applauds DOE’s efforts to stop noncompliance, if it is indeed occurring. Considering the high burden that the rule would impose on a vast number of importers, however, CTA asks that DOE provide statistical evidence substantiating its noncompliance concern with the imported products at issue prior to finalizing this rule.” CTA also said there's no evidence the proposed rule “will address the alleged underlying issue,” and the provisions would cover “an overly broad scope of product.” CTA also fears the proposed rule would violate World Trade Organization agreements barring international trade barriers, it said.