[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: 19CFR12.80]



[Page 290-292]

 

                        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.  12.80  Federal motor vehicle safety standards.



    (a) Standards prescribed by the Department of Transportation. Motor 

vehicles and motor vehicle equipment manufactured on or after January 1, 

1968, offered for sale, or introduction or delivery for introduction in 

interstate Commerce, or importation into the United States are subject 

to Federal motor vehicle safety standards (``safety standards'') 

prescribed by the Secretary of Transportation under sections 103 and 119 

of the National Traffic and Motor Vehicle Safety Act of 1966, as amended 

(15 U.S.C. 1392, 1407) (``the Act''), and set forth in 49 CFR part 571. 

A motor vehicle (``vehicle'') or item of motor vehicle equipment 

(``equipment item''), manufactured on or after January 1, 1968, is not 

permitted entry into the Customs territory of the United States unless 

(with certain exceptions set forth in paragraph (b) of this section) it 

is in conformity with applicable safety standards in effect at the time 

the vehicle or equipment item was manufactured.

    (b) Requirements for entry and release. (1) Unless the requirement 

for filing is waived by the port director as provided for in paragraph 

(f) of this section, each vehicle or equipment item offered for 

introduction into the Customs territory of the United States shall be 

denied entry unless the importer or consignee files with the entry a 

declaration, in duplicate, which declares or affirms one of the 

following:

    (i) The vehicle or equipment item was manufactured on a date when no 

applicable safety standards were in effect.

    (ii) The vehicle or equipment item conforms to all applicable safety 

standards (or, the vehicle does not conform solely because readily 

attachable equipment items which will be attached to the vehicle before 

it is offered for sale to the first purchaser for purposes other than 

resale are not attached) and bears a certification label or tag to that 

effect permanently affixed by the original manufacturer to the vehicle 

or to the equipment item, or to the outside of the container in which 

the equipment item is delivered, in accordance with regulations issued 

by the Secretary of Transportation (49 CFR parts 555, 567, 568 and 571) 

under section 114 of the Act (15 U.S.C. 1403).

    (iii) The vehicle or equipment item was not manufactured in 

conformity to all applicable safety standards, but it has been or will 

be brought into conformity. Within 120 days after entry, or within a 

period not to exceed 180 days after entry, if additional time is granted 

by the Administrator, National Highway Traffic Safety Administration 

(``Administrator, NHTSA''), the importer or consignee will submit a true 

and complete statement to the Administrator, NHTSA, identifying the 

manufacturer, contractor, or other person who has brought the vehicle or 

equipment item into conformity, describing the exact nature and extent 

of the work performed, and certifying that the vehicle or equipment item 

has been brought into conformity, and that the vehicle or equipment item 

will not be sold or offered for sale until the Administrator, NHTSA, 

issues an approval letter to the port director stating that the vehicle 

or equipment item described in the declaration has been brought into 

conformity with all applicable safety standards.

    (iv) The vehicle or equipment item is intended solely for export, 

and the vehicle or equipment item, and the outside of the container of 

the equipment item, if any, bears a label or tag to that effect.

    (v) The importer or consignee is a nonresident of the United States, 

is importing the vehicle or equipment item primarily for personal use 

for a period not exceeding 1 year from the date of entry, will not sell 

it in the United States during that period, and has stated his passport 

number and country of issue, if he has a passport, on the declaration.

    (vi) The importer or consignee is a member of the armed forces of a 

foreign country on assignment in the U.S. or is a member of the 

personnel of a foreign government on assignment in the U.S. or other 

individual who is within the class of persons for whom



[[Page 291]]



free entry of vehicles has been authorized by the Department of State in 

accordance with general principles of international law, is importing 

the vehicle or equipment item for purposes other than resale; and a copy 

of his official orders, if any, is attached to the declaration (or, if a 

qualifying member of the personnel of a foreign government on assignment 

in the U.S., the name of the Embassy to which he is accredited is stated 

on the declaration).

    (vii) The vehicle or equipment item is imported solely for the 

purpose of show, test, experiment, competition (a vehicle the 

configuration of which at the time of entry is such that it cannot be 

licensed for use on the public roads is considered to be imported for 

the purpose of competition), repair or alteration, and the statement 

required by 19 CFR 12.80(c)(2) or (c)(3) is attached to the declaration.

    (viii) The vehicle was not manufactured primarily for use on the 

public roads and is not a ``motor vehicle'' as defined in section 102 of 

the Act (15 U.S.C. 1391).

    (ix) The vehicle is an ``incomplete vehicle'' as defined in 49 CFR 

part 568.

    (2) A vehicle imported solely for the purpose of test or experiment 

which is the subject of a declaration filed under paragraph (b)(1)(vii) 

of this section may be licensed for use on the public roads for a period 

not to exceed 1 year from the date of importation if use on the public 

roads is an integral part of the test or experiment. The vehicle may be 

licensed for use on the public roads for one or more further periods 

which, when added to the initial 1 year period, shall not exceed a total 

of 3 years, upon application to and approval by the Administrator, 

NHTSA.

    (c) Declaration; contents. (1) Each declaration filed under 

paragraph (b)(1) of this section shall include the name and address in 

the United States of the importer or consignee, the date and the entry 

number (if applicable), the make, model, and engine and body serial 

numbers, or other identification number (if a vehicle), or a description 

of the item (if an equipment item), and shall be signed by the importer 

or consignee.

    (2) Each declaration filed under paragraph (b)(1)(vii) of this 

section which relates to a vehicle or equipment item reported for the 

purpose of show, competition, repair, or alteration shall have attached 

a statement fully describing the use to be made of the vehicle or 

equipment item and its ultimate disposition.

    (3) Each declaration filed under paragraph (b)(1)(vii) of this 

section which relates to a vehicle imported solely for the purpose of 

test or experiment shall have attached a statement fully describing the 

test or experiment, the estimated period of time necessary to use the 

vehicle on the public roads, and the disposition to be made of the 

vehicle after completion of the test or experiment.

    (4) Any declaration filed under paragraph (b)(1) of this section 

may, if appropriate, relate to more than one vehicle or equipment item 

imported on the same entry.

    (d) Declaration; disposition. The port director shall forward the 

original of each declaration submitted to him under paragraph (b)(1) of 

this section as soon as practicable to the Director, Office of Vehicle 

Safety Compliance, National Highway Traffic Safety Administration, 

Washington, DC 20590.

    (e) Release under bond. (1) If a declaration is filed under 

paragraph (b)(1)(iii) of this section, the entry shall be accepted only 

if the importer or consignee gives a bond on Customs Form 301, 

containing the bond conditions set forth in Sec.  113.62 of this 

chapter. An approval letter shall be issued upon approval by the 

Administrator, NHTSA, of the conformity statement submitted by the 

importer or consignee as provided for in paragraph (b)(1)(iii) of this 

section. The approval letter shall be forwarded by the Administrator, 

NHTSA, to the port director with a copy to the importer or consignee. 

Upon receipt of the approval letter the port director shall cancel the 

charge against the bond.

    (2) If the approval letter is not received by the port director 

within 180 days after entry, the port director shall issue a Notice of 

Redelivery, Customs Form 4647, requiring the redelivery to Customs 

custody of the vehicle or equipment item. If the vehicle or equipment 

item is not redelivered to Customs custody or exported under Customs 

supervision within the period



[[Page 292]]



allowed by the port director in the Notice of Redelivery, liquidated 

damages shall be assessed in the full amount of a bond if it is single 

entry bond or if a continuous bond is used, the amount that would have 

been taken under a single entry bond.

    (f) Waiver of declaration requirements. The requirement that a 

declaration be filed under paragraph (b)(1)(i), (b)(1)(ii), or (b)(1)(v) 

of this section as a condition to the introduction of a vehicle or 

equipment item into the Customs territory of the United States may be 

waived by the port director for a United States, Canadian, or Mexican 

registered vehicle arriving via land borders.

    (g) Vehicle or equipment item introduced by means of a fraudulent or 

false declaration. Any person who enters, introduces, attempts to enter 

or introduce, or aids or abets the entry, introduction, or attempted 

entry or introduction, of a vehicle or equipment item into the Customs 

territory of the United States by means of a fraudulent entry 

declaration, or by means of a false entry declaration made without 

reasonable cause to believe the truth of the declaration, may incur 

liabilities under section 592, Tariff Act of 1930, as amended (19 U.S.C. 

1592).

    (h) Vehicle or equipment item denied entry. If a vehicle or 

equipment item is denied entry under the provisions of paragraph (b) of 

this section, the port director shall refuse to release the vehicle or 

equipment item for entry into the Customs territory of the United States 

and shall issue a notice of that refusal to the importer or consignee.

    (i) Disposition of vehicle or equipment item denied entry; 

redelivery. A vehicle or equipment item denied entry under paragraph (b) 

of this section, or redelivered to Customs custody under paragraph (e) 

of this section, which is not exported under Customs supervision within 

90 days from the date of the notice of denial of entry or date of 

redelivery, shall be disposed of under applicable Customs laws and 

regulations, except that disposition shall not result in the 

introduction of the vehicle or equipment item into the Customs territory 

of the United States in violation of the Act.



[T.D. 78-478, 43 FR 56659, Dec. 4, 1978, as amended by T.D. 84-213, 49 

FR 41167, Oct. 19, 1984; T.D. 86-203, 51 FR 42997, Nov. 28, 1986]



           Safety Standards for Boats and Associated Equipment