China Says Proposed Energy Efficiency Entry Filing Requirements Violate WTO Rules
China joined calls for the Energy Department to reassess its proposed filing requirements for energy efficiency certifications at time of entry (see 1512290020), telling the agency in recently submitted comments (here) that the proposed rule violates World Trade Organization rules.…
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As did South Korea in its own recent comments (see 1604290017), China said the proposed requirements would act as a barrier to imports, unfairly and unnecessarily advantaging domestic goods subject to energy efficiency standards over imported components. China also took issue with DOE’s estimate of the burden to industry. In its proposed rule, DOE calculated the cost imposed on industry based on the time spent entering the data on entry documentation, which “does not take into account” extra time “spent by users on information search, comparison and inspection before the entry of the system,” said China. The proposed rule itself lists as a goal the simplification of customs procedures, noted the comments. “We think that unlike [health and plant health] related quarantine risks, the risks related to energy efficiency can be identified and controlled after the products enter the territory, so it is not necessarily to implement energy efficiency regulation at the port,” said China.