a) Household Appliances

Certain major household appliances must comply with applicable DOE energy standards. These appliances include: (1) refrigerators and refrigerator-freezers; (2) freezers; (3) dishwashers; (4) clothes dryers; (5) water heaters; (6) room air conditioners; (7) un-vented home heating equipment; (8) television sets; (9) kitchen ranges and ovens; (10) clothes washers; (11) central air conditioners; (12) furnaces; (13) vented home heating equipment; (14) pool heaters; (15) fluorescent lamp ballasts; (16) general service fluorescent lamps and incandescent lamps; (17) faucets; (18) showerheads; (19) toilets; and (20) urinals.

Additionally, the following appliances are required to be labelled to indicate expected energy consumption or efficiency: (1) refrigerators and refrigerator-freezers; (2) freezers; (3) dishwashers; (4) water heaters; (5) room air conditioners; (6) clothes washers; (7) furnaces; (8) central air conditioners; (9) heat pumps; (10) fluorescent lamp ballasts; (11) fluorescent lamps; (12) incandescent lamps; (13) showerheads; (14) faucets; (15) toilets; (16) urinals; and (17) pool heaters.

Energy information on these consumer products must be disclosed so that consumers may compare the energy use or efficiency of competing models. For home appliances, the information must be disclosed in the form of an "Energy Guide" label affixed to each unit and must appear in catalogues and on Internet sites from which covered products can be ordered. Labels must also include a so-called "range of comparability" that shows the highest and lowest energy consumption or efficiencies for all similar appliance models. Labels for most appliances must provide the product's estimated annual operating cost and manufacturers are required to calculate this cost using national average cost figures for energy published by the DOE. In addition to the required EnergyGuide labels, manufacturers or furnaces, central air conditioners and heat pumps must provide cost information for their products in either fact sheets or an industry directory.

Compliance with DOE minimum energy standards is denoted by an encircled "E" in the case of fluorescent lamp ballasts and certain tube-type fluorescent bulbs. Manufacturers of showerheads, faucets, toilets and urinals must disclose water usage information on the products, packaging and labelling. For their part, producers of certain incandescent bulbs, spot and flood bulbs, and screw-base compact fluorescent bulbs must disclose in the packaging the light output in lumens, energy used in watts, voltage, average life and number of bulbs. They must also explain how consumers can select the most energy efficiency bulbs for their needs.

b) Certain Commercial and Industrial Equipment

The following commercial and industrial equipment needs to comply with applicable DOE energy efficiency standards: (1) electric motors; (2) commercial refrigerators, freezers and refrigerators-freezers; (3) commercial warm air furnaces; (4) commercial packaged boilers; (5) commercial air conditioners and heat pumps; (6) commercial water heaters, hot water supply boilers and un-fired hot water storage tanks; (7) automatic commercial ice makers; (8) commercial clothes washers; (9) distribution transformers; (10) illuminated exit signs; (11) traffic signal modules and pedestrian modules; (12) unit heaters; (13) commercial pre-rinse spray valves; and (14) mercury vapour lamp ballasts.

Electric motors must be labelled in accordance with DOE requirements. The permanent nameplate of an electric motor for which standards are prescribed must be marked clearly with the following information: (1) the motor's nominal full load efficiency (as of the date of manufacture), derived from the motor's average full load efficiency; and (2) a compliance certification number supplied by the DOE to the manufacturer or private labeller and applicable to that motor. The same information that must appear on an electric motor's permanent nameplate must be prominently displayed (1) on each page of a catalogue that lists the motor and (2) in other materials used to market the motor.

c) Voluntary ENERGY STAR Programme

In 1992, the EPA introduced ENERGY STAR as a voluntary labelling programme designed to identify and promote energy-efficient products to reduce greenhouse gas missions. Computers and monitors were the first labelled products. The ENERGY STAR label is now on such products as clothes washer, dehumidifiers, dishwashers, refrigerators, and freezers, room air conditioners, commercial fryers, commercial hot food holding cabinets, commercial solid door refrigerators and freezers, commercial steam cookers, computers and other office equipment, lighting, home electronics and more. For additional information, see www.energystar.gov.

B. Emission Requirements for Motor Vehicles

a) Overview

The Clean Air Act prohibits the importation of any motor vehicle or motor vehicle engine not in conformity with emission requirements prescribed by the EPA. This restriction applies whether the motor vehicle or motor vehicle engine is new or used, and whether it was originally produced for sale and use in a foreign country or originally produced (or later modified) to conform to EPA requirements for sale or use in the US. In addition to passenger cars, all trucks, multipurpose vehicles (e.g., all-terrain vehicles, campers), motorcycles, etc., that are capable of being registered by a state for use on public roads or that the EPA has deemed capable of being safely driven on public roads are subject to these requirements. The term "vehicle" is used to include all EPA-regulated vehicles and engines. For federal regulations concerning vehicle emissions, see www.epa.gov/otaq/imports.

The term "non-road", also referred to as "off-road" or "off-highway", covers a diverse group of engines and equipment. The non-road category includes lawn and garden equipment, outdoor power equipment, recreational equipment, farm equipment, construction equipment, marine engines and locomotives.

Prior to importation into the US, regulated non-road engines must be covered by an EPA-issued certificate of conformity. The certificate is issued by the EPA to the engine manufacturer, which declares that the engine family named on the certificate conforms with all applicable emissions standards and other requirements. The certificate also permits the manufacturer to sell, offer for sale, introduce into commerce or import into the US the named engine family. Certificates are issued for only one model year at a time. A label confirming that the engine meets emissions standards must be affixed to the engine and readily visible. Upon request, an importer must provide an EPA form 3520-21 to CBP at the time of entry into the US. For additional information and specific guidelines regarding the importation of non-road engines subject to EPA emissions standards, see the EPA's website at www.epa.gov.

b) US-version Vehicles

Any person may import US-version vehicles. All such 1971 and later models are required to have a label in a readily visible position in the engine compartment stating that the vehicle conforms to US requirements. This label will read "Vehicle Emission Control Information" and will have a statement by the manufacturer that the vehicle meets EPA emissions requirements at the time of manufacture. If this label is not present, the importer should obtain a letter of conformity from the manufacturer's US representative - not from a dealership - prior to importation.

c) Non-US-version Vehicles

Individuals are not permitted to import non-US-version vehicles, unless otherwise excluded or exempted. These vehicles must be entered by an independent commercial importer (ICI) having a currently valid qualifying certificate of conformity for each vehicle being imported. The ICI will be responsible for performing all necessary modifications, testing and labelling, as well as providing an emissions warranty identical to the one required of new vehicles sold in the US. A list of approved ICIs is available from the EPA. Vehicles at least 21 years old are exempt from these provisions and may be imported without modification.

Modifications necessary to bring a non-conforming vehicle into conformity with emissions standards may require extensive engineering and be impractical or impossible, and the labour and materials may be unduly expensive. It is highly recommended that these modifications be investigated before a vehicle is purchased for importation.

C. Pesticides and Toxic and Hazardous Substances

a) Pesticides

An importer desiring to import pesticides or devices must submit a Notice of Arrival of Pesticides and Devices to the EPA prior to the arrival of the shipment in the US. The EPA must complete the notice of arrival, indicating the disposition to be made of the shipment upon its arrival in the US, and return the completed notice of arrival to the importer or his agent.

Pesticides must be appropriately registered with the EPA or they will be refused entry into the US. Devices are not subject to product registration, but the labelling of both pesticides and devices must bear the producer establishment's number registered with the EPA. In addition, pesticides and devices will be refused entry if they are identified as adulterated or misbranded, if they in any other way violate US regulations or if they are otherwise injurious to health or the environment. For more information, see www.epa.gov/pesticides.

b) Toxic Substances

The Toxic Substances Control Act (TSCA) regulates the manufacturing, importation, processing, distribution in commerce, use and disposal of any toxic chemical substances or mixtures. Certain substances are excluded from the definition of "chemical substance" based upon their use. Excluded substances include, but are not limited to, foods, drugs, cosmetics and active ingredients in pesticides. Importations of toxic chemical substances or mixtures will not be released from CBP custody unless (a) proper certification is presented to CBP that the import complies with or is not subject to TSCA requirements or (b) the import has already been identified as a food, drug or active pesticide ingredient and meets any requirements applicable to those products.

c) Hazardous Substances

The importation into the US of dangerous, caustic or corrosive substances in packages suitable for household use, as well as of hazardous substances, is highly regulated under the Hazardous Substance Act, the Caustic Poison Act, the FFDCA and the Consumer Product Safety Act. Additionally, the marking, labelling, packaging and transportation of hazardous materials, substances, wastes and their containers are regulated by the DOT's Office of Hazardous Materials Transportation. Hazardous waste is a special sub-category of hazardous substances and is regulated by the Resource Recovery and Conservation Act, which requires a special EPA manifest for imports.