[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR12.74]

[Page 247-248]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 12--SPECIAL CLASSES OF MERCHANDISE--Table of Contents
 
Sec. 12.74  Nonroad engine compliance with Federal antipollution emission requirements.

    (a) Applicability of EPA regulations. The requirements governing the 
importation of nonroad engines subject to conformance with applicable 
emissions standards of the U.S. Environmental Protection Agency (EPA) 
are contained in EPA regulations, issued under the Clean Air Act, as 
amended (42 U.S.C. 7401 et seq.). These EPA regulations should be 
consulted for detailed information as to the admission requirements for 
subject nonroad engines, as follows:
    (1) For nonroad compression-ignition engines at or above 37 
kilowatts, see 40 CFR part 89, subpart G;
    (2) For nonroad spark-ignition engines at or below 19 kilowatts, see 
40 CFR part 90, subpart G; and
    (3) For marine spark-ignition engines, see 40 CFR part 91, subpart 
H.
    (b) Admission of nonconforming nonroad engines. (1) EPA declaration 
required. EPA Form 3520-21, ``Importation of Nonroad Engines and Nonroad 
Engines Incorporated Into Nonroad Equipment or Vehicles, Subject to 
Federal Air Pollution Regulations'', must

[[Page 248]]

be completed by the importer and retained on file by him before making a 
customs entry for such nonroad engines/equipment/vehicles.
    (2) Retention and submission of records to Customs. Documents 
supporting the information required in the EPA declaration must be 
retained by the importer for a period of at least 5 years in accordance 
with Sec. 163.4 of this chapter and shall be provided to Customs upon 
request.
    (c) Release under bond. (1) Conditional admission. If the EPA 
declaration states that the entry for a nonconforming nonroad engine is 
being filed under one of the exemptions described in paragraphs 
(c)(3)(i) through (c)(3)(iv) of this section, under which the engine 
must be conditionally admitted under bond, the entry for such engine 
shall be accepted only if a bond is given on Customs Form 301 containing 
the conditions set forth in Sec. 113.62 of this chapter for the 
presentation of an EPA statement that the engine has been brought into 
conformity with Federal emissions requirements.
    (2) Final admission. Should final admission be sought and granted 
pursuant to EPA regulations for an engine conditionally admitted 
initially under one of the exemptions described in paragraphs (c)(3)(i) 
through (c)(3)(iv) of this section, the importer or consignee shall 
deliver to the port director the prescribed statement. The statement 
shall be delivered within the period authorized by EPA for the specific 
exemption, or such additional period as the port director of Customs may 
allow for good cause shown. Otherwise, the importer or consignee shall 
deliver or cause to be delivered to the port director the subject 
engine, either for export or other disposition under applicable Customs 
laws and regulations (see paragraph (e) of this section). If such engine 
is not redelivered within 5 days following the allotted period, 
liquidated damages shall be assessed in the full amount of the bond, if 
a single entry bond, or if a continuous bond, the amount that would have 
been taken under a single entry bond (see 40 CFR 89.612-96(d), 90.613(c) 
& (d), 91.705(c) & (d)).
    (3) Exemptions. The specific exemptions under which a nonconforming 
nonroad engine may be conditionally admitted, and for which a Customs 
bond is required, are as follows:
    (i) Repairs or alterations (see 40 CFR 89.611-96(b)(1), 
90.612(b)(1), 91.704(b)(1));
    (ii) Testing (see 40 CFR 89.611-96(b)(2), 90.612(b)(2), 
91.704(b)(2));
    (iii) Precertification (see 40 CFR 89.611-96(b)(3), 89.906); and
    (iv) Display (see 40 CFR 89.611-96(b)(4), 90.612(b)(3), 
91.704(b)(3)).
    (d) Notice of inadmissibility or detention. If an engine is found to 
be inadmissible either before or after release from Customs custody, the 
importer or consignee shall be notified in writing of the 
inadmissibility determination and/or redelivery requirement. However, an 
engine which cannot be released merely due to a failure to furnish with 
the entry any documentary information as required by EPA shall be held 
in detention by the port director for 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 information. 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 
required documentation has not been filed, a notice of inadmissibility 
will be issued.
    (e) Disposal of engines not entitled to admission; prohibited 
importations. A nonroad engine denied admission under EPA regulations 
shall be disposed of consistent with such EPA regulations and in 
accordance with applicable Customs laws and regulations. The importation 
of nonroad engines otherwise than as prescribed under EPA regulations is 
prohibited.

[T.D. 98-50, 63 FR 29122, May 28, 1998, as amended by T.D. 01-14, 66 FR 
8767, Feb. 2, 2001]

  Motor Vehicles and Motor Vehicle Equipment Manufactured On or After 
                             January 1, 1968