III. SPECIAL REQUIREMENTS FOR THE IMPORTATION OF MOTOR VEHICLES AND BOATS

AUTOMOBILE, VEHICLES AND VEHICLE EQUIPMENT

Safety and Bumper Standards. As a general rule, all imported motor vehicles less than 25 years old and items of motor vehicle equipment must comply with all applicable Federal Motor Vehicle Safety Standards in effect when these vehicles or items were manufactured. A Customs inspection at the time of entry will determine such compliance which is verified by the original manufacturer’s certification permenently affixed to the vehicle or merchandise. A declaration, HS Form 7, must be filed when motor vehicles or items of motor vehicle equipment are entered. HS Form 7 can be obtained from customs brokers or at ports of entry.

If written approval is obtained from the U.S. Department of Transportation, certain temporary importations may be exempt from the requirements for certification and conformance, including vehicles brought in for research, investigation, studies, training, demonstrations or competitive racing events. Also, vehicles imported for temporary use by certain nonresidents or members of foreign governments or foreign armed forces may not be required to comply. Vehicles and motor vehicles equipment imported solely with the intention of exportation and so labeled are also exempt from these requirements.

A DOT bond in the amount of 150 percent of the dutiable value must be posted at the port of entry when a noncertified or nonconforming vehicle is imported for permanent use. This bond is intended to assure conformance of the vehicle within 120 days after entry. The importer must also sign a contract with a DOT-registered importer who will modify the vehicle to conform with all applicable safety and bumper standards, and who can certify the modification(s). A copy of this contract must be furnished to the Customs Service at the port of entry. Furthermore, the vehicle model and model year must be determined to be eligible for importation.

For further information and details on these requirements, please contact the U.S. Department of Transportation, National Highway Traffic Safety Administration, Director of the Office of Vehicle Safety Compliance (NEF-32), 400 Seventh Street, S.W., Washington, D.C. 20590. Tel. (202) 366-5313.

Emission Requirements: The Clean Air Act, as amended, prohibits the importation of any motor vehicle or motor vehicle engine not in conformity with emission requirements prescribed by the U.S. Environmental Protection Agency (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 United States. 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 on public roads, are subject to these requirements. The term “vehicle” is used below to include all EPA-regulated vehicles and engines.

U.S.-Version Vehicles: Any person may import U.S.-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 U.S. requirements. This label will read “Vehicle Emission Control Information” and will have a statement by the manufacturer that the vehicle meets U.S. EPA emission requirements at the time of manufacture. If this label is not present, the importer should obtain a letter of conformity from the manufacturer’s U.S. representatives – not from a dealership – prior to importation.

Except as noted below, U.S. – version vehicles must be entered under Customs bond. The importer has 120 days to demonstrate to EPA that all Federal emission requirements have been met.

The following U.S.-version (labeled) vehicles are not subject to EPA import restrictions and may be entered without bond under the applicable category on the EPA Form 3520-1:

• New vehicles driven less than 50 miles.
• Vehicles older than 20 years.
• Vehicles manufactured-without a catalytic converter and oxygen sensor, if accompanied by documented evidence from the manufacturer.
• Diesel-fueled vehicles.
• Gasoline – and methanol-fueled vehicles driven solely in the U.S., Canada, Mexico, Japan, Australia, Taiwan, and the Grand Bahama Island (EPA Form 3520-1 not required).
• Vehicles driven only in western Europe and fueled only with unleaded gasoline.
• Vehicles participating in an overseas EPA-approved catalyst-control program, if accompanied by appropriate certification from the catalyst control program.

Non-U.S. Version Vehicles: Individuals are not permitted to import non-U.S. version vehicles (unless otherwise excluded or exempted). These vehicles must be imported (entered) by an Independent Commercial Importer (ICI) having a currently valid qualifying certificate of conformity for each vehicle being imported. The ICI will be responding for performing all necessary modifications, testing and labeling, as well as providing an emissions warranty identical to the emissions warranty required of new vehicles sold in the U.S.

Excluded Vehicles: Vehicles manufactured before EPA requirements took effect (e.g., gasoline-fueled passenger vehicle manufactured prior to 1968 and mortorcycles manufactured prior to 1978) are excluded from import restrictions and may be imported by any person without bond under the applicable declaration category on the EPA Form 3520-1.

WORDS OF CAUTION:

• Not all nonconforming vehicles are eligible for importation, and ICIs are not required to accept vehicles for which they have qualifying certificates of conformity.
• EPA certification of ICIs does not guarantee the actions or work of the ICIs, nor does it regulate contractual agreements and working relationships with vehicle owners.
• EPA strongly recommends that prospective importers buy only U.S. version (labeled) vehicles, because of the expense and potential difficulties involved with importing a nont-U.S. version vehicle.
• EPA strongly recommends that current owners of non-U.S. version vehicles sell or otherwise dispose of those vehicles overseas rather than ship and import them into the U.S. because of the expense and potential difficulties involved with importing a non-U.S. version vehicle.
• Before shipping a non-conforming vehicle for importation, EPA strongly recommends that the importer either make final arrangements with an ICI for modifications and testing, or obtain EPA apporval in writing for importation. Storage fees at the ports are costly, and the vehicle may not be eligible for importation.
• The EPA policy that permited importers a one-time exemption for vehicles at least five years old has been eliminated.
• EPA considers a U.S.-version vehicle that has had modifications to its drive train or emission control system to be a non-U.S.-version vehicle, even though it may be labeled a U.S.-version vehicle.

  To obtain further information and assistance on these matters, please contact the Environmental Protection Agency, Investigation/Imports Section (6405-J), Washington, D.C. 20460. Tel. (202) 233-9660. Fax (202) 233-9596.

  Final word of caution. Modification to bring a nonconforming vehicle into conformity with the safety and bumper standards and/or emmission standards may require extensive enginering, be impractical or impossible, or the labor and materials may be unduly expensive. It is highly recommended that these modifications be investigated before a vehicle is purchased for importation.

  BOAT SAFETY STANDARDS

  Imported boats and associated equipment are subject to U.S. Coast Guard safety regulations or standards under the Federal Boat Safety Act of 1971. Products subject to standards must have a compliance certification label affixed. Certain hulls also require a hull identification number to be affixed. A U.S. Coast Guard import declaration is required to be filled with entries of nonconforming boats. Further information may be obtained from the Commandant, U.S. Coast Guard, Washington, D.C. 20593.

  DUTIABILITY

  Vessels brought into the United States for use in trade or commerce are not dutiable. Yahts or pleassure boats brought into the United States by nonresidents for their own use in pleasure cruising are also not dutiable. Yahts or pleasure boats owned by a resident or brought into the United States States for sale or charter to a resident are dutiable. Further information may be found in a pamplet published by the U.S. Customs Service entitled “Pleasure Boats”.

  RESTRICTIONS ON USE

  Vessels that are foreign-built or of foreign registry may be used in the United States for pleasure purposes and in the foreign trade of the United States. However, Federal law prohibits the use of such vessels in the coastwise trade, i.e., the transportation of passengers or merchandise between points in the United States, including carrying fishing parties for hire. Questions concerning the use of foreign-built or foreign-flag vessels should be addressed to Chief, Carrier Rulings Branch, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue., N.W., Washington, D.C. 20229.