[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: 19CFR12.74]



[Page 288-290]

 

                        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.  12.74  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;



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    (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 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]



[[Page 290]]



  Motor Vehicles and Motor Vehicle Equipment Manufactured On or After 

                             January 1, 1968