Which Federal agencies will notify CBP that a covered import does not comply with an applicable energy labeling standard?
How to get there
19 CFR 12.50(a)–(b)Covered import. … a consumer product or industrial equipment that is classified by the Department of Energy as covered by an applicable energy conservation standard, or by the Federal Trade Commission as covered by an applicable energy labeling standard … (b) … If DOE or FTC notifies CBP that a covered import does not comply with an applicable energy conservation or energy labeling standard, CBP will refuse admission …
DOE handles conservation standards and FTC handles labeling standards. Either can notify CBP. The answer is A.
Why the other choices are wrong
B) USIA and EIA: the U.S. Information Agency no longer exists (its functions moved to the State Department in 1999), and the EIA publishes energy statistics. Neither has a role in § 12.50.
C) EPA and an "Air Quality National Commission": EPA handles emissions and TSCA, not appliance energy labeling, and the commission doesn't exist.
D) DOT and NHTSA: they regulate vehicle safety and fuel economy (Part 12's motor-vehicle rules), not EPCA consumer-product energy standards.
Tip
Under § 12.50(d), CBP can conditionally release a noncompliant import for relabeling or modification, on DOE or FTC's recommendation and under the § 113.62 bond conditions. CBP can also find noncompliance on its own and then confer with DOE or FTC.
Source: 19 CFR 12.50(a)–(d) (eCFR).
CBP answer key: Answer A · 19 CFR 12.50(a); 19 CFR 12.50(b)Source: CBP past exams ↗