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Proposed ACE Filing Requirements for Energy Efficiency Standards Violate WTO Rules, Says South Korea

New import filing requirements proposed by the Energy Department for products subject to energy efficiency standards would violate World Trade Organization rules on treatment of imports, said the government in South Korea in comments to the agency dated April 24. Requiring that filers submit “certifications of admissibility” would impose a greater burden on imports than on domestically produced products, and would be more restrictive than necessary to fulfill the Energy Department’s compliance goals, said the letter, which came in response to a DOE proposed rule issued Dec. 29 (see 1512290020). Importers already have an annual certification on file with DOE, noted South Korea. DOE should instead rely on that annual certification to check compliance with regulations during customs clearance, it said. The letter, which was filed over a month after comments were due, also requests an extension of the deadline for comments given the WTO was only notified of the standard on Feb. 2 and the comment deadline came shortly afterward on March 14.

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