[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR12.73]



[Page 285-288]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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 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



[[Page 286]]



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 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



[[Page 287]]



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 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.



[[Page 288]]



    (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 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]