[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR12.73]

[Page 236-240]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 12--SPECIAL CLASSES OF MERCHANDISE--Table of Contents
 
Sec. 12.73  Motor vehicle and engine compliance with Federal antipollution emission requirements.

    (a) Applicability of EPA requirements. This section is ancillary to 
the regulations of the U.S. Environmental Protection Agency (EPA) issued 
under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), and found 
in 40 CFR parts 85 and 86. Those regulations should be consulted for 
more detailed information concerning EPA emission requirements. The 
requirements apply to imported motor vehicles, but do not apply to 
separately imported non-chassis mounted engines to be used in light-duty 
trucks or other light-duty vehicles. Other separately imported engines 
for heavy-duty motor vehicles are covered, and all references in this 
section to motor vehicles should be deemed to include motor vehicles as 
well as these heavy-duty engines. Nothing in this section should be 
construed as limiting or changing in any way the applicability of the 
EPA regulations.
    (b) Importation of complying vehicles--(1) Labeled vehicles. 
Vehicles which in their condition as imported are covered by an EPA 
certificate of conformity and which bear the manufacturer's

[[Page 237]]

label showing such conformity and other EPA-required information shall 
be deemed in compliance with applicable emission requirements for the 
purpose of Customs admissibility and entry liquidation determinations. 
This paragraph does not apply to importations of ICI's covered by 
paragraph (d) of this section.
    (2) Pending certification. Vehicles otherwise covered by paragraph 
(b)(1) of this section which were manufactured for compliance with 
applicable emission requirements, but for which an application for a 
certificate of conformity is pending with the EPA may be conditionally 
released from Customs custody pending production of the certificate of 
conformity within 120 days of release.
    (c) Importation of vehicles previously in compliance--(1) Vehicles 
of returning residents. Vehicles of residents returning from Canada, 
Mexico or other countries as EPA may designate are not covered by this 
section.
    (2) Vehicles of commuting nonresidents and tourists. A port director 
through the issuance of an appropriate means of identification to be 
affixed to a vehicle may waive all of the requirements of this section 
for a nonresident regularly crossing the Canadian or Mexican border, or 
waive the requirements for Mexico or Canadian-registered vehicles of 
tourists or other travelers.
    (3) Participants in EPA-approved catalytic converter or oxygen 
sensor control programs. Further evidence of emissions compliance will 
not be required for catalytic converter or oxygen sensor-equipped 
vehicles imported for participating in EPA-approved catalytic converter 
or oxygen sensor control programs and subject to the requirements of 
those programs.
    (4) Previously labeled, modified or imported vehicles. Any other 
vehicle of United States or foreign origin manufactured with a catalytic 
converter or oxygen sensor, or any previously imported vehicle 
subsequently modified with a catalytic converter or oxygen sensor, will 
not be deemed in compliance with applicable emission requirements if 
used outside of the United States, Canada, Mexico, or other countries as 
EPA may designate, until the catalytic converter and/or oxygen sensor is 
replaced. Conditional release from Customs custody for the purpose of 
the modification is subject to a 120-day period for completion. Subject 
to special documentation at the time of export from the United States 
and approval and other requirements of EPA, replacement of a catalytic 
converter or oxygen sensor may be avoided if the equipment is 
disconnected before export from the United States and reconnected after 
subsequent importation.
    (d) Importation of vehicles by ICI's. Except for motor vehicles 
imported in the applicable circumstances covered by paragraphs (c), (e), 
(f), (g) or (h) of this section, an individual or business other than an 
independent commercial importer (ICI) holding a currently valid EPA 
certificate of conformity may not enter a motor vehicle which does not 
conform with EPA emission requirements. An ICI, subject to the more 
specific definition in EPA regulations, is an importer which does not 
have a contract with a foreign or domestic motor vehicle manufacturer 
for distributing products into the United States market. However, a 
motor vehicle may not be conditionally admitted unless it falls within 
one of the categories provided for in 40 CFR 85.1505 or 85.1509. Before 
the vehicle is deemed to be in compliance with applicable emission 
requirements and, therefore, finally admitted into the United States, 
the ICI must keep the vehicle in storage for a 15-working day period. 
This period follows notice to EPA of completion of the compliance work 
to give EPA the opportunity to conduct confirmatory testing and inspect 
the vehicle and records. The 15-working day period is part of the 120-
day period in which an ICI must bring the vehicle into emissions 
compliance. Individuals and businesses not entitled to enter 
nonconforming motor vehicles may arrange for their importation through 
an ICI certificate holder. In these circumstances, the ICI will not act 
as an agent or broker for Customs transaction purposes unless otherwise 
licensed or authorized to do so.
    (e) Exemptions and exclusions from emission requirements based on 
age of vehicle. The following motor vehicles, except as shown, may be 
imported by any person and do not have to be shown to

[[Page 238]]

be in compliance with emission requirements or modified before entitled 
to admissibility:
    (1) Gasoline-fueled light-duty trucks and light-duty motor vehicles 
manufactured before January 1, 1968;
    (2) Diesel-fueled light-duty motor vehicles manufactured before 
January 1, 1975;
    (3) Diesel-fueled light-duty trucks manufactured before January 1, 
1976;
    (4) Motorcycles manufactured before January 1, 1978;
    (5) Gasoline-fueled and diesel-fueled heavy-duty engines 
manufactured before January 1, 1970; and
    (6) Motor vehicles not otherwsie exempt from EPA emission 
requirements and more than 20 years old. Age is determined by 
subtracting the year of production (as opposed to model year) from the 
year of importation. The exemption under this subparagraph is available 
only if the vehicle is imported by an ICI.
    (f) Exemption for exports. A motor vehicle intended solely for 
export to a country not having the same emission standards applicable in 
the United States, and both the vehicle and its container bear a label 
or tag indicating that it is intended solely for export, is exempt from 
applicable United States emission requirements. 40 CFR 85.1709.
    (g) Exemptions for diplomats, foreign military personnel and 
nonresidents. Subject to the condition that they are not resold in the 
United States, the following motor vehicles are exempt from applicable 
emission requirements:
    (1) A motor vehicle imported solely for the personal use of a 
nonresident importer or consignee and the use will be for a period not 
to exceed one year; and
    (2) A motor vehicle of a member of the armed forces of a foreign 
country on assignment in the United States, or of a member of the 
personnel of a foreign government on assignment in the United States or 
other individual who comes within the class of persons for whom free 
entry of motor vehicles has been authorized by the Department of State 
in accordance with general principles of international law. For special 
documentation requirements see paragraph (i)(4) of this section.
    (h) Exemptions and exclusions based on prior EPA authorization. The 
following motor vehicles are exempt or excluded from applicable emission 
requirements if prior approval has been obtained in writing from EPA:
    (1) Importations for repairs. Any motor vehicle which is imported 
solely for repairs or alterations and which is not sold, leased, 
registered or licensed for use or operated on public roads or highways 
in the United States. 40 CFR 85.1511(b)(1);
    (2) Importations for testing. Any motor vehicle imported solely for 
testing. Test vehicles may be operated on and registered for use on 
public roads or highways provided that the operation is an integral part 
of the test. 40 CFR 85.1511(b)(2). This exemption is limited to a period 
not exceeding one year from the date of importation unless a request is 
made under 40 CFR 85.1705(f) for a one-year extension;
    (3) Prototype vehicles. Any motor vehicle imported for use as a 
prototype in applying for EPA certification. 40 CFR 85.1511(b)(3) and 
85.1706. In the case of an ICI, unless the vehicle is brought into 
conformity within 180 days from the date of entry it shall be exported 
or otherwise disposed of subject to paragraph (1) of this section;
    (4) Display vehicles. Any motor vehicle which is imported solely for 
display and which will not be sold, leased, registered or licensed for 
use on or operated on the public roads or highways in the United States. 
40 CFR 85.1511(b)(4);
    (5) Racing cars. Any motor vehicle which qualifies as a racing 
vehicle meeting one or more of the criteria found at 40 CFR 85.1703(a), 
and which will not be registered or licensed for use on or operated on 
public roads or highways in the United States. See also 40 CFR 
85.1511(c)(1);
    (6) National security importations. Any motor vehicle imported for 
purposes of national security by a manufacturer. 40 CFR 85.1511(c)(2), 
85.1702(a)(2) and 85.1708; and
    (7) Hardship exemption. Any motor vehicle imported by anyone 
qualifying for a hardship exemption. 40 CFR 85.1511(c)(3).
    (i) Documentation requirements--(1) Exception for manufacturers. The 
special documentation requirements of this

[[Page 239]]

paragraph do not apply to the entry of any motor vehicles shown to be in 
compliance with applicable emission requirements under paragraph (b)(1) 
of this section relating to labeling.
    (2) Declarations of other importers. Release from Customs custody 
shall be refused with respect to all other entries unless there is filed 
with the entry in duplicate a declaration in which the importer or 
consignee declares or affirms its status as an original equipment 
manufacturer, an ICI holding an applicable certificate of conformity, or 
other status, and further declares or affirms the status or condition of 
the imported vehicles and the circumstances concerning importation 
including a citation to the specific paragraph or subparagraph in this 
section upon which application for conditional or final release from 
Customs custody is applied for.
    (3) Other documentation and information. An importer's declaration 
shall include or be submitted with the following further information and 
documentation:
    (A) The importer's name and address and telephone number;
    (B) Identification of the vehicle or engine number, the vehicle 
owner's taxpayer identification number, and his or her current address 
and telephone number in the United States if different than as provided 
for in paragraph (3)(A) of this paragraph;
    (C) Identification, where applicable, of the place where the vehicle 
will be stored until EPA approval of the importer's application to EPA 
for final admission as required for vehicles imported under 40 CFR 
85.1505, 85.1509, or 85.1512 having reference to certain importations 
under paragraphs (c)(4) or (d)(1) of this section;
    (D) Authorization for EPA enforcement officers to conduct 
inspections or testing otherwise permitted by the Clean Air Act and 
regulations promulgated thereunder;
    (E) Identification, where applicable, of the certificate of 
conformity by means of which the vehicle is being imported;
    (F) The date of manufacture of the vehicle;
    (G) The date of entry;
    (H) Identification of the vessel or carrier on which the merchandise 
was shipped;
    (I) The entry number where applicable;
    (J) Where prior EPA authorization is required for an exemption or 
exclusion, a copy of that authorization; and
    (K) Such other further information as may be required by the EPA or 
the Customs Service.
    (4) Documentation from diplomats and foreign military personnel. For 
entries for which an exemption is claimed under paragraph (g)(2) of this 
section, there must also be attached to the declaration required under 
paragraph (i)(2) of this section a copy of the motor vehicle importer's 
official orders, if any, or if a qualifying member of the personnel of a 
foreign government on assignment in the United States, the name of the 
embassy to which the importer is accredited.
    (j) Release under bond. If a declaration filed in accordance with 
paragraph (i)(2) of this section states that the entry is being filed 
under circumstances described in either paragraph (c)(4), (h)(1), 
(h)(2), (h)(3) or (h)(4) of this section, the entry shall be accepted 
only if the importer or consignee gives a bond on Customs Form 301, 
containing the bond condition set forth in Sec. 113.62 of this chapter 
for the production of an EPA statement that the vehicle or engine is in 
conformity with Federal emission requirements. Within the period in 
paragraph (h)(2), (h)(3) or (c)(4) of this section, or in the case of 
paragraph (h)(1) or (h)(4) of this section, the period specified by EPA 
in its authorization for an exemption, or such additional period as the 
port director may allow for good cause shown, the importer or consignee 
shall deliver to the port director the prescribed statement. If the 
statement is not delivered to the director of the port of entry within 
the specified period, the importer or consignee shall deliver or cause 
to be delivered to the port director those vehicles which were released 
under a bond required by this paragraph. In the event that the vehicle 
or engine is not redelivered within five days following the date 
specified in the preceding sentence, liquidated damages shall be 
assessed in the full amount of

[[Page 240]]

the bond, if it is a single entry bond, or if a continuous bond is used, 
the amount that would have been taken under a single entry bond.
    (k) Notices of inadmissibility or detention. If a motor vehicle is 
determined to be inadmissible before release from Customs custody, or 
inadmissible after release from Customs custody, the importer or 
consignee shall be notified in writing of the inadmissibility 
determination and/or redelivery requirement. However, if a motor vehicle 
cannot be released from Customs custody merely because the importer has 
failed to attach to the entry the documentation required by paragraph 
(i) of this section, the vehicle shall be held in detention by the 
director of a period not to exceed 30 days after filing of the entry at 
the risk and expense of the importer pending submission of the missing 
documentation. An additional 30-day extension may be granted by the port 
director upon application for good cause shown. If at the expiration of 
a period not over 60 days the documentation has not been filed, a notice 
of inadmissibility will be issued.
    (l) Disposal of vehicles not entitled to admission. A motor vehicle 
denied admission under any provision of this section shall be disposed 
of in accordance with applicable Customs laws and regulations. However, 
a motor vehicle or engine will not be disposed of in a manner in which 
it may ultimately either directly or indirectly reach a consumer in a 
condition in which it is not in conformity with applicable EPA emission 
requirements.
    (m) Prohibited importations. The importation of motor vehicles 
otherwise than in accordance with this section and the regulations of 
EPA in 40 CFR parts 80, 85, 86 and 600 is prohibited.

[T.D. 88-40, 53 FR 26240, July 12, 1988, as amended by T.D. 01-14, 66 FR 
8767, Feb. 2, 2001]