Frequently Asked Questions

What products are affected?
How does the DOE currently monitor products for energy efficiency compliance?
Does this change the way the DOE currently monitors the market or products?
What happens if our product is found out of compliance?
What can I do to ensure I am in compliance?
What if someone in my supply chain is out of compliance?
Will the border guards (customs) be testing/looking for product energy efficiency compliance?
What happens to products stopped at the border (customs)?
What can I show to indicate my products have been tested and meet energy efficiency minimum requirements?
Which labs can help me with ensuring compliance?

What products are affected?
The proposed regulation targets those products that are being imported into the US.  They can be imported by either a non-domestic manufacturer or a US-based company that manufacturers its products overseas.

The regulation affects those products that are covered under the Energy Policy and Conservation Act of 1975 (EPCA).  More specifically, products that fall within the following categories:

  • Refrigerators and Refrigerator-Freezers
  • Freezers
  • Dishwashers
  • Clothes Dryers
  • Water Heaters
  • Room Air Conditioners
  • Unvented Home Heating Equipment
  • Conventional Ranges, Conventional Cooking Tops, Conventional Ovens, and Microwave Ovens
  • Automatic and Semi-Automatic Clothes Washers
  • Central Air Conditioners
  • Furnaces and Boilers
  • Vented Home Heating Equipment
  • Pool Heaters
  • Fluorescent Lamp Ballasts
  • Electric Lamps
  • Faucets and Showerheads
  • Water Closets and Urinals
  • Ceiling Fans
  • Ceiling Fan Light Kits
  • Medium Base Compact Fluorescent Lamps
  • Dehumidifiers
  • Battery Chargers
  • External Power Supplies

How does the DOE currently monitor products for energy efficiency compliance?
The DOE monitors products in the market through market surveillance where the DOE will pull product samples directly off the shelf of the product's distributor or retail outlet.  It is also possible that the DOE will request a product sample from the manufacturer for testing.  Once the DOE has the product in hand, it will utilize a private testing laboratory to verify that the product meets the required minimum energy efficiency standards.  If the product fails to meet the standards the manufacturer faces monetary fines, penalties, or even a product recall.

Does this change the way the DOE currently monitors the market or products?
No.  The DOE will continue to monitor the market and products in the current fashion.  This new legislation only deals with the enforcement of those imported products which are found out of compliance with minimum energy efficiency standards. 

What happens if our product is found out of compliance?
Currently, if all of your manufacturing is within the United States, you will be subject to the normal market surveillance and channels of enforcement that the DOE currently utilizes.

If your manufacturing is outside of the United States and you are found out of compliance, this proposed regulation will allow your products to be stopped and held at the border by the US Customs and Border Protection (CBP).  Once stopped, the CBP may conditionally release the products under bond to the importing manufacturer to allow for "reconditioning, re-labeling, or other action so as to bring the subject product equipment into compliance with applicable energy conservation and labeling admissibility standards."  At this time, there is a proposed 30-day conditional release period for products found out of compliance, and if products cannot be brought into compliance in that time frame, the CBP will issue a refusal of admission notice and "demand redelivery of the subject product to CBP custody." 

What can I do to ensure I am in compliance?

The DOE adopted a rule that requires an annual certification filing requirement by a manufacturer to show its compliance to minimum energy efficiency standards.  Therefore, it is up to the manufacturer to ensure their products are capable of meeting the standards and to annually file their certification to the DOE.  Additionally, the manufacturer may need to pass a DOE test if their product is chosen through the market surveillance process.  There is no tolerance for failure with these types of tests.

To meet the minimum standards, the manufacturer has the option to do one of two things:

  1. Self test – Manufacturers have the option to test the products in-house to verify the products are in compliance.  Even if the in-house test shows compliance, if the test was done incorrectly or with improperly calibrated equipment or not under the right conditions, this could give a false sense of security that the products meet the standard.
  2. Third party test – The use of an outside testing laboratory (such as Intertek) can prove quite beneficial.  Because the DOE utilizes third party testing labs in its marketing surveillance efforts, these labs have both the technical understanding of the minimum requirement and how to administer the test.  Additionally, the use of a third party reduces the burden of the staff by utilizing a knowledgeable external resource who is dedicated to energy verification program management.  By doing so, the risk of being out of compliance is significantly reduced and there will be a sense of ease if your product is ever chosen by the DOE in their market surveillance efforts.

There is no document that you can show to the DOE that will stop them from testing your product for compliance in their marketing surveillance efforts, so the only way to ensure compliance is to pass the test.  While there is no requirement for third-party verification, the benefits of using a third-party testing lab, such as Intertek, significantly reduce the risk of being out of compliance.

It should be noted that participating  in industry-run certification programs also can also help minimize manufacturers’ risk.

What if someone in my supply chain is out of compliance?
If there should be an imported product that is in your supply chain that is found out of compliance, it will face the same enforcement regulations and be stopped by the CBP before it is allowed to enter the US.  At that time, the supplier would need to work with the DOE and find a way to show compliance with the minimum energy efficiency requirements or there is a risk of your supplier not being able to provide to you the component that you need.

Will customs be testing/looking for product energy efficiency compliance?
No.  The Customs and Border Protection (CBP) will only stop products that the Federal Trade Commission (FTC) or Department of Energy (DOE) has found not to meet the minimum energy efficiency standards. Once the CBP has been notified, products will be held at the border until further notice.  In lieu of immediate refusal of admission, the FTC or DOE may allow the CBP to conditionally release the products under bond to the importing manufacturer.  This will be done via a conditional release of 30 days in order to allow the manufacturer to help bring the equipment into compliance with applicable energy conservation standards.

What happens to products stopped at the border (customs)?

Products that are stopped at the border will be held by Customs and Border Protection (CBP) until further notified by the FTC or DOE.  The legislation states that "while refusal of admission will be the norm, there may be instances where reconditioning, re-labeling, or other modification may bring an import into compliance with applicable energy conservation or labeling admissibility standards."  If this is the case, the importing manufacturer will likely be given a 30-day conditional period where the CBP will release the products on an entry bond in order to allow the manufacturer to find a way to bring the products into compliance.  If the products cannot be modified to meet the minimum standards during that time, the CBP will issue a notice of refusal of admission to the importer and force a recall of the products under the conditions of the entry bond.

What can I show to indicate my products have been tested and meet the minimum requirements?
At this time, there is no assurance that your products will not be chosen for market surveillance testing In fact, you will only be notified once the surveillance testing is completed.  A manufacturer's best strategy is to be prepared by participating in an industry-run certification program or submitting their products to Intertek for testing.

Why Intertek?
When choosing a partner, product specific expertise, knowledge of requirements, and a proven track record should be key selection criteria that aid in your decision.  Providing total program management should also be a core offering of your partner's business.

For over 100 years manufacturers have looked to Intertek for performance testing including energy efficiency. Intertek offers fast and efficient product testing, certification and data validation for Department of Energy, California Energy Commission, and Natural Resources Canada requirements. Through Intertek's program management approach we will manage everything from testing and application completion to submission to applicable governing bodies and associations… allowing you to focus on your core competency.

If you conduct testing at your location, Intertek can offer multiple options to best meet your needs. First, we can simply conduct follow up testing at our location to validate your own internal efficiency data. Or, we could audit and qualify your own test facilities. Once complete you will be able to test your own products in-house and simply submit your data to Intertek for final approval.


If you have any additional questions, please feel free to email Michael Kremer and we will work to provide you an answer.


Contact us to see how Intertek can help your organization with Energy Efficiency Testing.