Procedures for Importing
Vehicles and Engines
into the United States
SEPA
United States
Environmental Protection
Agency
Office of Transportation and Air Quality
EPA-420-B-10-027
July 2010
-------
Procedures for Importing Vehicles and
Engines into the United States
Compliance and Innovative Strategies Division
Office of Transportation and Air Quality
U.S. Environmental Protection Agency
&EPA
U. S. Environmental Protection Agency
Requirements Only
DISCLAIMER:
This facts manual is produced by the U.S. Environmental Protection Agency
(EPA) and is updated periodically. It is the responsibility of the importer to
refer to the most recent version of the facts manual when importing motor
vehicles. Updates to the facts manual may be obtained from the EPA free
of charge. This facts manual does not include requirements of other U.S.
Agencies or States (e.g., safety and other requirements administered by the
U.S. Department of Transportation).
United States EPA-420-B-10-027
Environmental Protection . . oriin
Agency July 2010
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IMPORTERS BEWARE!
Non-Conforming (Non-U.S. Version) Vehicles
EPA strongly recommends that prospective importers buy only U.S. version (labeled)
vehicles, because of the expense and potential difficulties involved with importing a
non-U.S. version vehicle.
Non-U.S. version vehicles less than 21 years old must be modified to meet U.S.
emission and safety standards and/or to be identical to U.S. version vehicles and must
be imported by an Independent Commercial Importer (ICI).
EPA strongly recommends that current owners of non-U.S. version vehicles sell or
otherwise dispose of those vehicles overseas rather than ship and import them into the
U.S., because of the expense and potential difficulties involved with importing a non-
U.S. version vehicle.
The EPA policy which permitted importers a one-time exemption for vehicles at least
five years old has been eliminated.
Before shipping a non-conforming vehicle for importation, EPA strongly recommends
that the importer either make final arrangements with an ICI for modifications and
testing, or obtain EPA approval in writing for importation. Storage fees at the ports are
costly, and the vehicle may not be eligible for importation.
Not all non-conforming vehicles are eligible for importation, and ICIs are not required
to accept vehicles for which they have qualifying certificates of conformity.
EPA certification of ICIs does not guarantee the actions or work of the ICIs, nor does it
regulate contractual agreements and working relationships with vehicle owners.
U.S. Version Vehicles Driven Overseas
U.S. version vehicles driven overseas may need to be bonded upon importation.
The catalysts and oxygen sensors may need to be replaced on U.S. version vehicles
driven overseas.
The vehicle's emission control system, drive train (including engine), and fuel system,
will need to be restored to its original EPA-certified configuration if those systems or
components are altered, damaged, malfunctioning, or missing.
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Table of Contents
List of Acronyms v
Section 1: Introduction 1
1.1 How to Use this Manual 1
1.2 EPA Entry Forms 2
1.3 Emissions Testing 3
1.4 Non-Emission Requirements 4
1.5 Contractual Agreements with Independent Commercial Importers 4
1.6 Importation Flow Chart 4
Section 2: Detailed Importing Requirements 14
2.1. Permanent Importations for Vehicles and Engines 14
2.1.1 U.S. Version Vehicles 14
2.1.1.1 Shipping aU.S. Version Vehicle Overseas 14
2.1.1.2 Importing aU.S. Version Vehicle 15
2.1.2 Canadian Vehicles 16
2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles 16
2.1.2.2 Canadian Vehicles Not Identical to U.S. Version Vehicles 17
2.1.3 Non-U.S. Version Vehicles 19
2.1.3.1 EPAs Policy Regarding Non-U.S. Version Vehicles 19
2.1.3.2 Importation of Non-U.S. Version Vehicles by an Individual 19
2.1.3.3 Importation of Non-U.S. Version Vehicles by an ICI 22
2.1.4 Nonroad or Heavy-Duty Highway Engines 27
2.1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines 27
2.1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines 28
2.1.43 Excluded Nonroad or Heavy-duty Highway Engines 29
2.2 Temporary Importations of Vehicles or Engines 30
2.2.1 Temporary Vehicle Imports for Repair/Alteration 30
2.2.2 Temporary Vehicle Imports for Display 31
2.2.3 Temporary Vehicle Imports for Testing 32
2.2.4 Temporary Vehicle Imports for Diplomats 32
2.2.5 Temporary Vehicle Imports for Nonresidents 33
Table of Contents Page i
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2.2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports 34
2.3 Excluded Vehicles 34
2.3.1 Exclusions Based on Age 34
2.3.2 Non-Chassis-Mounted Engine 35
2.3.3 Racing Vehicles 36
2.3.4 Unregulated Fuel Vehicles 37
2.4 Application of section 216(2) 37
2.4.1 Off-Road/Recreational Vehicles 38
2.4.2 Imported Used Japanese Mini-Trucks and Vans 39
Section 3: Other Import-Related Requirements and Information 41
3.1 Non-Emission Requirements 41
3.1.1 Customs 41
3.1.2 Safety 41
3.1.3 Gas Guzzler Tax 41
3.1.4 State Requirements 41
3.2 Locating the Vehicle Emissions Label 42
3.3 Additional Information 44
Section 4: Penalties 45
Appendix A EPA Forms A-l
EPA Form 3520-1 A-2 to A-3
EPA Form 3520-21 A-4 to A-8
Appendix B Glossary B-l to B-4
Table of Contents Page ii
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List of Figures
Figure 1: Importation Flow Chart 5
Figure 2: Example Emission Label for Some 2007 and Earlier Model Year Vehicles 43
Figure 3: Example Emission Label for Some 2007 and Later Model Year Vehicles 44
Table of Contents Page iii
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List of Tables
Table 1: Permanent Imports: U.S. Version Vehicles(1) 7
Table 2: Permanent Imports: Canadian Vehicles 8
Table 3.1: Permanent Imports: Non-U.S. Version Vehicles 9
Table 3.2: Permanent Imports: Imported by an ICI 9
Table 4: Vehicles Not Excluded and Imported Temporarily* 10
Table 5: Excluded Vehicles 11
Table 6: Nonroad and Heavy-Duty Highway Engines 12
Table?: Vehicle Codes for EPA Form 3520-1 35
Table of Contents Page iv
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List of Acronyms
Acronym Definition
ATV All Terrain Vehicle
CAA Clean Air Act
cc Cubic Centimeter
CFR Code of Federal Regulations - U.S. vehicle emission regulations
administered by the EPA are found in Volume 40 of the code (40 CFR).
CI Compression Ignition
CNG Compressed natural gas
CO Carbon monoxide
DMV Department of Motor Vehicles
EPA United States Environmental Protection Agency
FTP Federal Test Procedure (City) Test
GVWR Gross Vehicle Weight Rating
HC Hydrocarbon
HDDE Heavy-duty diesel engine
HDE Heavy-duty engine
HDGE Heavy-duty gasoline engine
HDV Heavy Duty Vehicle
I/M Inspection/Maintenance
ICI Independent Commercial Importer
IRS Internal Revenue Service
kW Kilowatt
LOT Light-duty truck
LDV Light-duty vehicle
LPG Liquefied Petroleum Gas
MDPV Medium Duty Passenger Vehicle
MSHA Mining Safety and Health Administration
NOX Nitrogen Oxides
OEM Original equipment manufacturer
Table of Contents
Page v
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OP Original Production - "Original production years" refers to the year the
vehicle was manufactured subtracted from the calendar year the vehicle was
imported.
ORVR Onboard Refueling Vapor Recovery
RPM Revolution per minute
SI Spark Ignition
U.S.C. United States Code
VIN Vehicle Identification Number
Table of Contents Page vi
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Section 1: Introduction
Importing motor vehicles and motor vehicle engines (which this document collectively
refers to), or nonroad or heavy-duty highway engines (referred to as "engines" in this document)
into the United States can be a very complex and confusing process. Before importing any
vehicle or engine into the U.S., importers must consider the EPA requirements in addition to
those of other U.S. offices. This Automotive and Engines Imports Facts Manual guides
individuals through the necessary steps for importing vehicles and engines into the United States.
The vehicle emission regulations and requirements discussed in this manual are based on
Title II of the Clean Air Act (Act, or CAA) and Volume 40 of the Code of Federal Regulations
(CFR), Part 85; subparts P and R, and Part 86.
The nonroad or heavy-duty Ar/Trr~ 7~,, ., 7~^ ,
,. , .,.,,. J . NOTE: You can search these and other federal
highway engine (including engines , .. ,.
. ?. 1-1 regulations online at:
incorporated into vehicles or , j° ,, , .. ,. , , ,
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equipment) importation regulations I =
and requirements discussed in this manual are based on Title II of the Act and 40 CFR, Parts 85,
86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1068 (as well as for engines used in underground
mining 30 CFR 7, 31, 32, 36, 56, 57, 70, and 75).
1.1 How to Use this Manual
This manual is designed to direct importers through the proper procedures for importing
their vehicle(s) or engines. To use the manual effectively, vehicle importers will likely need to
know some or all of the following information listed below:
1. The year the vehicle was originally manufactured;
2. The model year, make, and model of the vehicle (i.e., 1990 Chevy Lumina);
3. Whether the vehicle conforms to U.S. emission requirements (generally, conforming
vehicles are labeled by the manufacturer as meeting EPA emission requirements);
4. The type of fuel the vehicle uses (e.g., gasoline, diesel, propane, etc.);
5. Whether the vehicle was manufactured with or without a catalytic converter; and
6. The gross vehicle weight rating (GVWR) for trucks.
Similar information is needed for importing nonroad or heavy-duty highway engines as
described below:
1. The type of engine you plan to import (e.g., heavy-duty highway engine for use in a
vehicle with GVWR above 8,500; locomotive or locomotive engine; marine
compression-ignition engine; other nonroad compression-ignition engine; marine spark-
Section 1: Introduction Page 1
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ignition engine; recreational spark-ignition engine or vehicle; other nonroad spark-
ignition engines; etc.).
2. Engine power and/or displacement (in kilowatts (kW) and/or cubic centimeters (cc)).
3. The year the engine was first manufactured.
4. Whether or not the engine conforms to U.S. standards.
5. The intended use of the engine.
6. Engine manufacturer, model and serial number, and for certified engines and vehicles,
the engine family name.
7. Vehicle or equipment manufacturer, model and serial number, and type of equipment (if
applicable).
8. The build date for uncertified engines or vehicles.
There are three primary questions for determining the general method of importing a
vehicle (see Section 1.6: Importation Flow Chart). The first is to determine if the vehicle is
excluded by the Act from meeting Federal emission requirements. If it is excluded, you should
follow the instructions given in the section "Excluded Vehicles." If your vehicle is not excluded,
the next question is whether you desire a temporary or permanent importation. If you are
importing your vehicle only temporarily, you should follow the instructions given in the section
"Temporary Importations." If your importation is permanent, the third question is whether your
vehicle is a U.S. version vehicle, a Canadian vehicle, or a non U.S./Canadian version vehicle.
You can go to each one of those titled sections in Section 2.1 of this document and follow the
specific instructions for importing your vehicle.
Importers of nonroad or heavy-duty highway engines must also determine if their engine
is U.S. certified, or if it is subject to an exclusion or a temporary or permanent exemption. There
are also special exemptions for certain specific engine categories or other special cases, including
certain importations by EPA-recognized Independent Commercial Importers (ICIs). Section
2.1.4 addresses these exceptions and exclusions.
1.2 EPA Entry Forms
An EPA importation declaration form (EPA Form 3520-1 for on-road vehicles, or EPA
Form 3520-21 for nonroad, off-road, and heavy-duty highway engines) must be submitted to the
United States Customs and Border Protection Service (Customs) for most vehicle and engine
importations. The most recent versions of the EPA Forms can be found at
http://www.epa.gov/otaq/imports/ or from U.S. Customs or a Customs house Broker at the port
of entry. Copies of the current forms are provided in Appendix A of this manual.
Importers of on-road vehicles and on-road engines will use EPA Form 3520-1. This
manual will help you determine which declaration code must be entered on the form. There are
Section 1: Introduction Page 2
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four codes (B, F, EE, and FF) that apply to U.S. conforming and "identical" vehicles. The
remaining codes apply to various exemptions, exclusions, temporary and ICI importations, and
other special circumstances. The only situation where the importer does not need to submit the
EPA Form 3520-1 to U.S. Customs is when an original equipment manufacturer (OEM) is
importing new certified vehicles.
Importers of nonroad or heavy-duty highway engines will use EPA Form 3520-21 and
will identify the type of engine, vehicle or equipment by checking the appropriate option, which
covers eight categories of nonroad or heavy-duty highway engines, vehicles, and equipment.
These include heavy-duty highway engines that are used in vehicles over 8,500 pounds,
locomotives, marine compression ignition (CI) and spark ignition (SI) engines, other CI engines,
and recreational and other SI engines, which are identified as options A through H on the form).
After selecting one of these options, the importer may then select a specific code indicating the
provision under which the engine, vehicle or equipment is being imported. The first option
indicates the importation of a U.S. certified engine or engine installed in a certified vehicle. The
remaining options may be selected if specific exemptions or exclusions apply. As with vehicles,
OEMs importing new certified engines do not need to submit EPA Form 3520-21 to U.S.
Customs.
1.3 Emissions Testing
Light-duty Vehicles:
The Federal emissions testing requirements are based on complex laboratory testing
procedures as described in 40 CFR Part 86. Tests include the Federal Test Procedure (FTP) (city)
test, highway test, a US06 (high speed, high acceleration) test, a SC03 (city test at 95° F with air
conditioning on), a cold temperature (20° F) test, a two-day evaporative test, a three-day
evaporative test, and an Onboard Refueling Vapor Recovery (ORVR) test. The emissions are
measured while the vehicle is being driven in the laboratory on a chassis dynamometer. For the
FTP test, the vehicle is driven through a specific driving cycle representing a typical urban drive
of 10.5 miles. A test takes 14 to 36 hours, and includes fuel filling, starting, stopping,
accelerating, decelerating, cruising, idling, and sitting while parked. The emissions measured
include hydrocarbons (HC), carbon monoxide (CO), nitrogen oxides (NOX), particulates, and
evaporative emissions. State emissions tests are typically much shorter, simpler, and cheaper,
and measure only HC and CO. EPA does not accept the results of state emissions tests to
demonstrate compliance with Federal emission standards.
Nonroad and Heavy-Duty Highway Engines:
Heavy-duty engines (HDEs) are tested on an engine dynamometer (not mounted in a
truck, bus, etc.) and have a different set of complex testing procedures under Part 86, referred to
collectively as a cycle. Each cycle seeks to emulate real-life-use and requires the engine to be
run at specific revolutions per minute (rpms) for set periods of time. The cycle begins in the
"Idle mode" followed by an increase in the speed and rpms to the "Acceleration mode," after
which the rpms drop and the dynamometer is set to allow the engine to develop maximum
horsepower for "Lugging mode." The engine and dynamometer are then returned to idle for the
"Unloading mode." The test is only complete after three valid cycles have been performed. If
Section 1: Introduction Page :
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three valid cycles have not been performed after six consecutive cycles, the engine must be
preconditioned by operation at maximum horsepower at rated speed for ten minutes before the
test sequence is repeated. See 40 CFR 86.884-12(c).
1.4 Non-Emission Requirements
This manual describes only the EPA requirements, that is, only those related to emissions
and only those required by the Federal government. Importers of vehicles and engines must also
comply with the requirements of other Federal Agencies (e.g., Department of Transportation for
safety requirements, Internal Revenue Service (IRS) for gas guzzler taxes, and U.S. Customs and
Border Protection for tariffs, duties, etc.) as well as those of State and local governments (see
Section 3.1: Non-Emission Requirements for applicable Federal government contacts).
1.5 Contractual Agreements with Independent Commercial Importers
To lessen your chances at being surprised later with unexpected costs or lengthy delays,
EPA highly recommends that anyone importing a vehicle through the services of an ICI should
obtain a written contractual agreement which addresses typical buyer concerns, such as:
Does the ICI have the necessary EPA certificate to import the vehicle?
Is the price quoted a fixed price, regardless of the number of tests required for
importation or will there be additional charges for each additional test, and if so, at what
additional charge?
Is the ICI obligated to inform the owner prior to incurring any additional charges?
Is the time required to successfully demonstrate compliance quoted?
Does the owner have any right to terminate the services of the ICI if costs become too
high or the time involved too long?
1.6 Importation Flow Chart
The following flow chart (Figure 1) provides a summary of the importation process and
may assist you in reaching a preliminary determination as to which form you should use and
whether any exclusions or exemptions apply. Additional flow charts that provide detailed
information on the compliance procedures for more specific scenarios may be found at:
(UNDER CONSTRUCTION) Following the flow chart, there are five tables that outline some
of the requirements in further detail. Tables 1, 2 and 3 summarize the criteria and codes for
permanent importations of U.S. version vehicles/HDEs, Canadian version vehicles/HDEs, and
non-U.S./Canadian version vehicles/HDEs, respectively. These tables only apply to those
vehicles/HDEs that are not subject to an exclusion. Table 4 summarizes the criteria and codes
relevant to temporary importations. Tables 5 and 6 summarize the criteria for vehicle exclusions
and the appropriate code to include on Form 3520-1 or form 3520-21, respectively. The
subsequent sections of this report cover the requirements for each of these scenarios in greater
detail.
Section 1: Introduction Page 4
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s
o
Figure 1
Importation Flow Chart
o
o'
Importation of onroad vehicles
or vehicle engines requires
completion of EPA Form 3520-1
(Am I importing an ^V
inroad or nonroad/ \
HDE vehicle or J
vehicle engine? J
Nonroad, Offroad, or
Engines
Importation of nonroad, off-road,
or heavy-duty highway engines
requires completion of EPA
Form 3520-21.
I
Declare the necessary
exclusion code on the
relevant EPA Form
(See Tables 5 and 6)
Declare the necessary
exemption code on the
relevant EPA Form
(See Tables 4 and 6)
Is the vehicle or engine
a U.S. Version Vehicle, a Canadian Vehicle, a Non-
Li.S. Version Vehicle, or a Nonroad vehicle or
engine?
Is the vehicle or engine
being imported excluded from emission
requirements (see Table 5)?
Yes
Does the vehicle
or engine qualify for a
temporary importation
exemption?
Temporar
Is the vehicle or engine being
imported temporarily or permanently?
Declare the necessary code on
EPA Form 3520-1 (see Table 1)
or 3520-21 (see Table 6).
U.S Version
Vehicles
Declare the exemption code E
or M on EPA Form 3520-1 or
import through an ICI (see
Table 2).
Canadian
Vehicles
Vehicle or engine must be
imported by an ICI.
If Nonroad, check Box 1 on EPA
Form 3520-21 or indicate if
special circumstances apply. If
onroad, vehicle/engine must be
imported by an ICI (see Table
3.2).
Does the vehicle
or engine qualify for a permanent
importation exemption?
Non-U.S. Version [ OR )
Vehicles and Nonroad\^>'
Vehicles/Engines [
Declare code EE on EPA Form
3520-1 (see Table 3.1), or
check relevant box (2 through 9)
in EPA Form 3520-21.
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Section 1: Introduction Page 6
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Table 1
Permanent Imports: U.S. Version Vehicles(1)
(EPA Form 3 520-1)
IfVehicle/HDE:
Is 21 years old or older
U.S. version vehicles that have
had the catalyst, oxygen sensors,
or filler neck restrictor removed or
altered
U.S. version vehicles that have
not been modified or altered
May be
Imported by:
Anyone
Anyone
Anyone
Bond Required:
No
Yes
No
Approval
Required:
No
No
No
On Form
3520-1
Declare
Code:
E
F(2)
B
(1) U.S. versions are manufactured according to an EPA certificate of conformity and with an EPA emission
label in the English language.
(2) Importer responsible for reinstalling or replacing catalytic converter, oxygen sensor, and fuel filler neck
restrictor after importation, as required.
Section 1: Introduction
Page 7
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Table 2
Permanent Imports: Canadian Vehicles
(EPA Form 3 520-1)
Identical to U.S. Version
Owner/
Vehicle:
Is a 1988 through
2001 model year
LDV, LOT, HDE,
and on EPA list of
Identical Canadian
vehicles
Has a letter from the
U.S. Representative
of the OEM attached
to Form 3520-1
Is on EPA identical
list
Is on EPA identical
list and imported for
resale or lease
Bond:
No
No
No
No
Maybe
Imported
by:
Anyone
Anyone
Anyone
Anyone
On
Form
3520-1
Declare
Code:
EE
EE
EE
FF
Not Identical to U.S. Version
Owner/
Vehicle:
21 years or
older, Identical
or Not Identical
Canadian owner
has documented
immigrant,
worker, or
student status
Obtained
through
inheritance
All others (are
not excluded and
do not qualify
for an
exemption)
Bond:
No
No
No
Approval
Required:
No
No
No
On
Form
3520-1
Declare
Code:
E
M
M
Must be imported by an ICI. See
ICIs under Non-U.S. Version
Vehicles.
EPA recommends the importer obtain a letter of compliance from the manufacturer before
attempting to import any vehicle, as this is also a requirement by other Federal agencies. The
U.S. representative of the manufacturer is not required to issue compliance letters. If you
cannot obtain a letter of compliance from the manufacturer you may not be able to import
your vehicle even if it meets any other EPA requirements.
Section 1: Introduction
PageS
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Table 3.1
Permanent Imports: Non-U.S. Version Vehicles
(EPA Form 3 520-1)
These vehicles/HDEs can be
imported if:
Vehicle:
21 years old or older
Identical to U.S. version vehicle or HDE*
Individual has an EPA Exemption
Bond:
No
No
Approval Required:
No
No
Code:
E
EE
* Requires letter of proof from U.S. representative of the OEM.
Table 3.2
Permanent Imports: Imported by an ICI
(EPA Form 3 520-1)
Vehicle:
Modification to specific certified
vehicle
Modification & testing
Precertification testing
Modified to be identical to OEM's
U.S. -certified version vehicle or heavy
duty engine*
Bond:
No
No
Yes
No
Condition:
ICI must have certificate for specific
make, model, original production (OP)
year.
Vehicle at least six OP years old.
ICI has 120 days to obtain certificate or
export.
Copy of OEM's instructions attached.
Code:
A
C
J
z
Section 1: Introduction
Page 9
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Table 4
Vehicles Not Excluded and Imported Temporarily*
(EPA Form 3 520-1)
Purpose
Repair/ Alteration
Testing
Display
Diplomat/ Armed
Forces/Personnel on
Official Business
Non-resident
May Be Imported By:
Anyone
Anyone
Anyone
Foreign
Diplomats/Military
Individual Nonresident
Bond Required:
Yes
Yes
Yes
No
No
On Form 3520-1
Declare Code:
G
I
K
N
0
Prior EPA letter of approval is required for Temporary Importations, except for Foreign Diplomat and
Foreign Armed Forces. For information on applying for an exemption, please contact the EPA Imports
Help Line at (734) 214-4100 or Imports@epa.gov.
Section 1: Introduction
Page 10
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Table 5
Excluded Vehicles
(EPA Form 3 520-1)
A vehicle or engine is excluded if it is a:
Light-duty gasoline-fueled vehicle or truck
Light-duty diesel-fueled vehicle
Light-duty diesel-fueled truck
Motorcycle
Heavy-duty gasoline or diesel-fueled engine
And was originally
manufactured before:
January 1, 1968
January 1, 1975
January 1, 1977
January 1, 1978
January 1, 1970
On Form 3520-1,
Declare Code:
E*
E*
E*
E*
E*
* All the above vehicles are now imported as 21 years old or older using code E.
Other Exclusions
Non-chassis-mounted engines: The engine is used for a light-duty-vehicle or light-duty truck.
Declare code "W" on Form 3520-1.
Racing vehicles: The vehicle is clearly for racing/competition purposes. The vehicle is
incapable of safe and practical street or highway use. Anyone may import a racing vehicle;
however, written EPA approval must be obtained before clearance at Customs and must be
attached to Form 3520-1 declaring code "L. "
Runs solely on unregulated fuel: Declare code "Y" on Form 3520-1.
Off-Road/Recreational Vehicles: For 2005 or earlier recreational vehicles (All Terrain
Vehicle s(ATVs) and Dirt bikes). Off-road vehicles will now use form 3520-21. See Table 6.
The 2006 and later model year off-road vehicles are subject to certification.
Racing vehicles require prior EPA approval.
Section 1: Introduction
Page 11
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Table 6
Nonroad and Heavy-Duty Highway Engines
(EPA Form 3 520-21)
Provision
U.S. certified engine or engine
installed in a certified vehicle
Permanent Exemptions for
Nonconforming Engines
Temporary Exemptions for
Nonconforming Engines
Engines Not Yet Subject to
EPA Emission Standards
Exclusions
Code(s)
1
2-9
10-16
17-18
19-23
Limitations
Must be covered by a valid U.S. EPA
certificate of conformity and have a U.S. EPA
emission control label in English.
National security exemption requires prior
EPA approval.
Replacement engine exemption does not
apply to highway or locomotive engines.
EPA letter of approval must be attached to
permanent exemptions for all circumstances
involving hardship.
Identical configuration exemption does not
apply to highway, locomotive or marine
compression-ignition engines.
Ancient engine exemption (first manufactured
21 years earlier) does not apply to highway,
locomotive, or marine engines.
Diplomatic or military exemption does not
apply to locomotive or marine CI engines.
Engines must generally have already been
placed into service. Marine CI engines below
2.5 liters/cylinder and recreational vehicles
must have been manufactured before the 2006
and 2007 model year, respectively.
Sterndrive/inboard marine engine exemption
applies to Marine SI engines only.
Competition, stationary*, underground
mining (CI engines only), and hobby engines
(SI engines and CI engines with a
displacement below 50 cc/cylinder) are
eligible for an exclusion.
(cont.)
Section 1: Introduction
Page 12
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Table 6
Nonroad and Heavy-Duty Highway Engines (cont.)
(EPA Form 3 520-21)
Provision
Code(s)
Limitations
Other Exemptions
24-27
Exemptions associated with the Transition
Program for Equipment Manufacturers
(TPEM) are for Category "D" (other nonroad
CI engines) only and must specify maximum
engine power or the regulatory power
category.
Personal-use exemptions are only for the
importation of three or fewer small SI
engines.
Engines imported by an ICI are only for
Categories A (Heavy-duty highway engines),
and D (other nonroad CI engines).
For other miscellaneous exemptions,
importers should provide a description of the
exemption along with a regulatory citation
and EPA approval.
2007 model year Stationary compression-ignition engines are subject to certification. Please refer to 40
CFR Parts 60 and 89. Rules for spark-ignition stationary engines were finalized on January 18, 2008.
See: http://www.epa.gov/fedrgstr/EPA-AIR/2008/Januaiy/Day-18/a25394.pdf).
Section 1: Introduction
Page 13
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Section 2: Detailed Importing Requirements
This section provides detailed information for importing vehicles or engines either
permanently or temporarily. This section also includes information on vehicles and engines that
are either subject to an exemption from importation requirements, or completely excluded from
the emission requirements of the CAA, and thus, also not subject to EPA's importation
requirements.
2.1. Permanent Importations for Vehicles and Engines
The following sections outline the requirements for permanent imports of vehicles and
engines. The first three sections (2.1.1,2.1.2, and 2.1.3) describe the criteria and requirements
for U.S. Version Vehicles, Canadian Vehicles, andNon-U.S. Version Vehicles, respectively.
These import requirements generally correspond to EPA Form 3520-1. Section 2.1.4 includes a
summary of the relevant requirements for Nonroad and HD Highway Engines (HDEs) which
correspond to EPA Form 3520-21.
2.1.1 U.S. Version Vehicles
U.S. version vehicles are vehicles that were: (1) manufactured in conformity with
Federal emission requirements, (2) manufactured in accordance with a specific EPA certificate
of conformity, and (3) manufactured with a U.S. emissions compliance label in the engine
compartment that identifies them in the English language as conforming to all EPA requirements
(see Section 3.2 Locating the Vehicle Emissions Label). Many U.S. version cars and light-duty
trucks built since the mid 1970s and almost all U.S. version cars and light-duty trucks built since
1980 were originally manufactured with a catalytic converter and/or oxygen sensor.
Not all vehicles equipped with catalytic converters are certified U.S. version vehicles.
For example, virtually all catalyst equipped vehicles marketed by manufacturers for sale in
Europe are not certified U.S. versions. For a vehicle to be eligible for importation as a U.S.
version vehicle, it must have a manufacturer-equipped EPA emissions label in the English
language in the engine compartment (or on the frame of a motorcycle, or on the block of a FIDE),
or it must be accompanied by a letter from the U.S. representative of the manufacturer that states
the vehicle was originally manufactured to be a U.S. certified version or subsequently converted
to conform to EPA requirements. Otherwise, the vehicle will be considered by EPA to be a non-
U.S. version vehicle (see Section 2.1.3 Non U.S. Version Vehicles).
2.1.1.1 Shipping a U.S. Version Vehicle Overseas
If you believe that unleaded gasoline may not be available in all areas that the vehicle
will be driven, you may obtain authorization from EPA to remove the catalyst and oxygen
sensors before the vehicle is shipped overseas. Removing the catalyst and oxygen sensors prior
to shipping the vehicle overseas protects them from possible contamination from leaded
gasoline. The catalyst and oxygen sensors must then be reinstalled when the vehicle returns to
the U.S. To obtain EPA authorization to remove the catalyst and oxygen sensors, call the Air
Enforcement Division at (202) 564-7106.
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EPA has determined that unleaded gasoline is still available in certain countries. The
vehicle owner is responsible for determining whether unleaded gasoline is available or used in
the country in which the owner intends to operate the U.S. version vehicle.
2.1.1.2 Importing a U.S. Version Vehicle
U.S. version vehicles that have been driven overseas are subject to Federal emission
requirements upon importation into the U.S. As described below, the requirements and
restrictions that will apply when importing your vehicle vary depending on whether the vehicle
has been modified/altered.
(a) Vehicle Not Modified or Altered
The U.S. version vehicle has not been modified or altered.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"B"; and
Importer must be able to demonstrate that the vehicle is a U.S. version, upon request by
U.S. Customs or EPA.
(b) Catalyst, Oxygen Sensors, or Filler Neck Restrictor Removed or Altered
The U.S. version vehicle has had its catalyst, oxygen sensors, or filler neck restrictor
removed or altered.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"F "
The importer must reinstall or replace the catalyst, oxygen sensors, or fuel filler neck
restrictor, as applicable, after the vehicle is imported.
If leaded gasoline was used, the importer must, after importation:
1. Drain the fuel tank and refill it with unleaded gasoline; and
2. Replace the catalyst and oxygen sensors, if they were left in the vehicle during use of
the leaded gasoline.
Importer must be able to demonstrate that the vehicle is a U.S. version, upon request by
U.S. Customs or EPA.
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2.1.2 Canadian Vehicles
Canadian vehicles are certified to Canadian requirements and originally manufactured for
sale in Canada (regardless of the country in which they were produced). While many are
manufactured to be identical to U.S. certified vehicles with respect to emission requirements
(especially beginning with the 1988 model year), they may be manufactured without a U.S.
emissions compliance label identifying them as conforming to U.S. EPA requirements (see
Section 3.2 Locating the Vehicle Emissions Label). If your vehicle contains such a label, it may
be imported as aU.S. version vehicle (see Section 2.1.1 U.S. Version Vehicles). If your vehicle
does not contain such a label, you must import your vehicle according to one of the options
described below.
NOTE: These options relate only to compliance with EPA requirements. Your vehicle may
also be subject to requirements of the U.S. Department of Transportation, such as lighting
and passive restraints, and to the gas guzzler tax of the Internal Revenue Service.
Canadian vehicles imported into the U.S. are categorized as either identical to U.S.
version vehicles or not identical to U.S. version vehicles with regard to emission requirements.
These scenarios are described in further detail in the following two sections.
2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles
If the Canadian vehicle is identical, in all material respects to a U.S. version vehicle as
identified in the OEM's EPA certification application, it may be imported by anyone. No
Customs bond or approval is required by EPA in these cases, but the imported vehicle must meet
one of the following two conditions.
1. For 2002 and newer model year vehicles, the importer must provide a letter from the U. S.
representative of the manufacturer stating that the vehicle met all U.S. emission
requirements when it was manufactured, except possibly for labeling or warranty.
2. For 1988 to 2001 model year vehicles, the vehicle must be on the EPA list of Canadian
models identical to U.S. version vehicles (the EPA list is located on EPA's Imports
Website and includes all 1988 to 2001 model year Canadian cars and light-duty trucks
(pick-ups and vans under 8,500 GVWR)) http://www.epa.gov/otaq/imports/canadian.htm.
Requirements:
Importer for personal use must file with U.S. Customs, upon entry, an EPA Form 3520-1
declaring code "EE" and if condition (2) above is applicable, attach the letter from the
OEM's U.S. representative.
Importer for resale must file with U.S. Customs, upon entry, an EPA Form 3520-1
declaring code "FF" and if condition (2) above is applicable, attach the letter from the
OEM's U.S. representative.
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NOTE: Generally, EPA only accepts compliance information from the OEM's U.S.
representative. However, as an exception to this rule, statements of conformity will be
acceptable to EPA as evidence of conformity from OEM Canadian representatives if they
are signed by a representative of the vehicle emission compliance department. You should
notify the OEM that your Canadian vehicle is being moved to the U.S., so that you may
receive any future maintenance or recall notices that may be distributed by the OEM.
2.1.2.2 Canadian Vehicles Not Identical to U.S. Version Vehicles
If the Canadian vehicle was not manufactured by the OEM to be identical in all material
respects to a vehicle certified for sale in the U.S., the vehicle may be imported without a
Customs bond required by EPA through one of the following exemptions.
(a) 21 Years Old or Older
If the Canadian vehicle is 21 original production (OP) years old or older and it is in its
original unmodified configuration, there is no Customs bond required by EPA, nor any written
EPA approval. Note that the value for "OP years old" is determined by subtracting the calendar
year the vehicle was manufactured from the calendar year the vehicle was imported.
Requirements:
Demonstrate to U.S. Customs, upon entry, or to EPA, that the vehicle is 21 OP years old
or older. Generally, the vehicle's Canadian registration or title is adequate proof.
File EPA Form 3520-1 with U.S. Customs upon entry, and declare code "E."
Restrictions:
The vehicle must be in its original unmodified configuration.
Vehicles at least 21 years old with replacement engines are not eligible for this exemption
unless they contain equivalent or newer EPA certified engines and emission control
systems.
(b) Immigrant, Worker, or Student Exemption
If the vehicle is being imported by any person either with permanent Canadian immigrant
status, or with Canadian worker or student status for greater than one year, no Customs bond is
required by EPA. In addition, written EPA approval is not required. The immigrant exemption
should not be used if the vehicle is identical to a U.S. version vehicle (see Section 2.1.2.1
Canadian Vehicles Identical to U.S. Version Vehicles, above).
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Requirements:
Importer must offer documented proof that he/she has obtained permanent Canadian
immigrant status or Canadian worker or student status in the U.S. for greater than one
year (for periods up to a year, we recommend that eligible importers obtain a nonresident
exemption, EPA Form 3520-1 code "O" from Customs).
Importer must prove that the vehicle is Canadian by attaching one of the following to the
EPA Form 3 520-1:
1. Copy of Canadian registration or title for the vehicle;
2. A letter from the manufacturer's U.S. or Canadian representative (for a list see
Manufacturer's U.S. Representatives) which states that the vehicle was manufactured
to comply with the applicable Canadian emission requirements; or
3. A sales receipt showing that the vehicle was purchased from a Canadian dealership
and was new at the time it was purchased.
Importer must attach to the EPA Form 3520-1 proof that the importer owned the vehicle
prior to moving to the U.S. The vehicle's Canadian title or registration in the name of the
importer is considered adequate proof.
Immigrant must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"M," and attach the required documents.
Restrictions: None.
(c) Inheritance Exemption
U.S. resident has obtained a vehicle from a Canadian resident by inheritance.
Recipient of vehicle must attach the following to the EPA Form 3520-1:
1. Proof (e.g., copy of a will) that the vehicle was obtained from a Canadian resident by
inheritance; and
2. Proof that the vehicle is Canadian and that the Canadian resident purchased the
vehicle for their own use. Copy of the vehicle's Canadian title or registration in the
name of that Canadian resident is adequate proof.
Owner or recipient of vehicle must file with U.S. Customs, upon entry, an EPA Form
3520-1 declaring code "M," and attach the required documents.
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(d) Other Exemptions
Canadian vehicles or importers of Canadian vehicles also have the same options as for
non-Canadian vehicles. See Non-U.S. Version Vehicles for more importation options if a
Canadian vehicle is not identical to a U.S. version and is not yet 21 years old, and the importer
lacks Canadian immigrant, worker, or student status.
2.1.3 Non-U.S. Version Vehicles
Non-U.S. version vehicles are nonconforming vehicles that were: (1) not manufactured
in conformity with Federal emission requirements, or (2) not manufactured in accordance with a
specific EPA certificate of conformity, or (3) not manufactured with a U.S. emissions
compliance label in the engine compartment that identifies it in the English language as
conforming to all EPA requirements. Non-U.S. version vehicles also include any vehicle
originally manufactured as a U.S. version vehicle but that has been altered such that it is no
longer in an EPA certified configuration (i.e., modifications or alterations or substitutions of the
engine, emission control system, transmission, transaxle, differential, fuel system, or any other
feature that defines the exact vehicle configurations that were certified by the manufacturer).
Importers with a modified or altered U.S. version vehicle may enter the vehicle as a non-
conforming vehicle under the requirements of this section. Also, non-U.S. version vehicles
proven to be identical to U.S. certified version vehicles (e.g., many Canadian vehicles) may be
eligible for an exemption as described in Section 2.1.3.2 Importation of Non-U.S. Version
Vehicles by an Individual.
2.1.3.1 EPA's Policy Regarding Non-U.S. Version Vehicles
The regulations governing EPA's program for importing non-U.S. version vehicles were
originally provided for in 1972 in the Clean Air Act (Act). These regulations ensure that all
imported vehicles are brought into conformity with applicable emission standards. Section 203
of the Act prohibits importing any motor vehicle or motor vehicle engine not covered by a
certificate of conformity unless it is exempted by EPA or otherwise authorized jointly by EPA
and Customs.
The authority to allow the importation of nonconforming vehicles is discretionary with
EPA and Customs. Customs will not permit admission of your vehicle until both emission
(EPA) and safety (Department of Transportation) requirements for conditional admission are
met, as well as all other Federal requirements. For a non-U.S. version vehicle to enter the U.S.,
it must be imported by either an individual who has a written letter of exemption from EPA, or
by an ICI, who is a private business in the U.S. that holds a current, valid EPA certificate of
conformity. The ICI will modify and test the vehicle, as applicable, to meet the EPA emission
requirements.
2.1.3.2 Importation of Non-U.S. Version Vehicles by an Individual
An individual may import a non-U.S. version vehicle only if the individual (1) qualifies
for an exclusion (see Section 2.4 Excluded Vehicles) or (2) qualifies for and obtains a written
letter of exemption from EPA. The vehicle may then be imported without a Customs bond
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required by EPA; however, the written EPA approval letter must be obtained prior to the
shipment and/or importation of the vehicle or engine.
There are three types of exemptions for non-U.S. version vehicles by an individual.
Below is a description of each type of exemption along with the requirements you will need
when importing your vehicle and the restrictions that will apply to your vehicle.
(a) Exemption for Non-U.S. Version Vehicles 21 Years Old or Older
The vehicle is 21 OP years old or older and in original unmodified configuration.
Requirements:
Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "E."
Customs may require proof of vehicle age.
"OP Years" are determined by subtracting the year a vehicle was manufactured from the
year it was imported.
Restrictions:
The vehicle must be in its original unmodified configuration.
Vehicles at least 21 years old with replacement engines are not eligible for this exemption
unless they contain equivalent or newer EPA certified engines and emission control
systems.
(b) Hardship Exemption for Non-U.S. Version Vehicles
The vehicle is imported by an individual under "... unforeseen cases of extreme hardship
or extraordinary circumstances (40 CFR 85.151 l(c)(2))." An example of a possible hardship
exemption is a disabled person who needs a special vehicle that is unavailable in a U.S. certified
configuration. Written EPA approval must be obtained before clearance at Customs.
The following circumstances are NOT considered by EPA to be unforeseen cases of
extreme hardship or extraordinary circumstances:
1. The importer did not know that the vehicle needed to be converted to comply with U. S.
requirements;
2. The high cost of converting a non-U.S. version vehicle to meet the U.S. requirements,
even if the cost exceeds the value of the vehicle;
3. Costs, losses, or other difficulties associated with poor financial judgment or the
acceptance of a high level of risk (such as the purchase of a non-U.S. version vehicle,
whether or not the original intent was to eventually ship it to the U.S.; difficulties in
selling the non-U.S. version vehicle overseas; low resale value of the non-U.S. version
vehicle that would result in financial loss if it were sold overseas; large bank or credit
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union loans, credit card balances or other debts, including for the non-U.S. version
vehicle and other consumer products, etc.);
4. Change of geographical location caused by employment status or employer requirements,
whether or not the requirement to change location of employment was given
unexpectedly or with little notice; or
5. Lack of cooperation from the vehicle manufacturer.
Requirements:
Importer must obtain approval from EPA by submitting to EPA:
1. The importer's name, address, and daytime telephone number.
2. Vehicle information (make, model, model year, Vehicle Identification Number
(VEST)), copy of the current registration, title, or sales receipt identifying the vehicle
and owner.
3. Inclusive financial information (if applicable to the unforeseen cases of extreme
hardship or extraordinary circumstances) of:
a. Financial assets (earnings and holdings) including, but not limited to, wages, bank
accounts, bonds, stocks, real estate, etc.; and
b. Financial burden (living expenses) on a monthly or yearly basis, including but not
limited to housing, food, transportation, clothes, utilities, loans, etc.
4. A description of the need for the vehicle, including other vehicles currently owned by
the immediate family and their use; why the other vehicles (if any) in the immediate
family or mass transportation cannot fulfill the need; and why a "reasonable" used
U.S. version vehicle cannot be purchased to fulfill the need.
5. A description of the "unforeseen ... extreme hardship or extraordinary circumstances."
Importer must file with Customs, upon entry, an EPA Form 3520-1, declaring code "M,"
and attach EPA approval letter.
Importer should keep a copy of EPA approval letter for future proof of EPA exemption.
Restrictions: None.
(c) Exemption for Non-U.S. Version Vehicles that are Identical to U.S.
Version Vehicles
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The vehicle, prior to importation, is identical in all material respects to a vehicle
identified in an OEM's certification application. No Customs bond is required by EPA (see also
Section 2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles).
Requirements:
Importer must obtain a letter from the OEM's U.S. representative (see Manufacturer's
U.S. Representatives for a list) stating the vehicle (make, model, model year, VEST), at the
time of manufacture, conformed to all U.S. emission requirements applicable to the
appropriate model year (except possibly for warranty and labeling).
Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "EE"
and attach letter from OEM's U.S. representative.
Restrictions:
The vehicle may not be imported for the purpose of resale, except for Canadian vehicles.
An OEM may not import a vehicle using this exemption.
NOTES:
1. Regardless of the requirements above being satisfied, a vehicle is not eligible for this
exemption if it has been modified or altered such that the vehicle configuration is not
covered under the manufacturer's certificate of conformity.
2. Obtaining a letter from the OEM's U.S. representative is the responsibility of the
importer. EPA does not have authority over manufacturers' non-V.S. version vehicles.
Some manufacturers may not provide such letters. Failure to obtain such a letter is not
justification for a hardship exemption.
2.1.3.3 Importation of Non-U.S. Version Vehicles by an ICI
An ICI is an Independent Commercial Importer that has been issued a current, valid EPA
Certificate of Conformity, and who is not the original vehicle manufacturer (OEM), and who
does not have a contractual agreement with the original manufacturer to act as its authorized
representative for the distribution of vehicles or engines into the U.S. market. ICIs act
independent of the OEM, but must follow the same emission requirements imposed on OEMs by
the Clean Air Act. All ICIs are located in the U.S.
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An ICI who imports your nonconforming vehicle is responsible for:
1. Having obtained an applicable certificate of conformity to import your vehicle (or
using your vehicle as a "prototype" test vehicle to obtain the applicable certificate of
conformity).
2. Entering your vehicle through U.S. Customs.
3. Performing all modifications and emissions testing, if required, after the vehicle enters
the United States (see Section 1.3 Emissions Testing).
4. Submitting the Fee Filing Form 3520-29 for the vehicle.
5. Reporting the modifications and testing results to EPA if required, as well as holding
the vehicle for 15 Federal working days beginning with the date that EPA receives this
report (or longer if EPA so notifies the certificate holder). During this period and the
period preceding this report, the vehicle cannot be sold, offered for sale, returned to
the owner, or driven on public roads or highways.
6. Bearing responsibility for the vehicle's compliance with emission standards over the
vehicle's useful life. This includes pre-release inspections and subsequent emission
recalls by EPA.
7. Ensuring that the vehicle contains an emissions label (in the name of the ICI) and
providing you with prepaid emission warranties and maintenance instructions for the
vehicle (See Section 3.2 Locating the Vehicle Emissions Label).
8. Performing fuel economy tests and providing you with gas guzzler tax forms.
While it is the Id's responsibility to provide vehicle owners with fuel economy test
results and gas guzzler tax forms, it is the vehicle owner's responsibility to report and pay any
applicable gas guzzler taxes to the U.S. IRS.
Any person or business that desires to become an ICI first should become knowledgeable
of the requirements for ICIs (40 CFR Part 85, Subpart P) and of Certification (40 CFR Part 86),
and then must obtain at least one certificate of conformity from EPA's Compliance and
Innovative Strategies Division in accordance with those regulatory requirements.
ICIs import vehicles into the U.S. for modification and testing purposes so that the
vehicles, upon final admission by EPA, comply with Federal emission requirements. Whether a
vehicle may be imported depends on several factors, including the year in which the vehicle will
be imported and the qualifications of the ICI. First, eligibility varies from year to year depending
upon the age of the vehicle. A vehicle's age is determined by subtracting the calendar year in
which it was originally manufactured from the calendar year of importation. For example, a
European manufactured vehicle built in 1998 and imported into the U.S. in 2008 would be ten
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years old. Second, the ICI has to have a currently valid certificate of conformity, and if the
vehicle's age is less than six years old, the ICI must have a currently valid certificate of
conformity for a vehicle specifically like yours (i.e., same make, model, model year, and engine).
Before making any purchase or shipping arrangements, you should be sure that there is
an ICI who is eligible and willing to import your vehicle and that you are prepared to pay the ICI
charges. (See: List of Independent Commercial Importers). Vehicles required to be imported
by ICIs must be entered through Customs by the ICI, not the vehicle owner. The vehicle owner
may not take possession of the vehicle until after the vehicle has met all EPA requirements and
has been finally admitted by EPA.
There are three types of importations by ICIs as described below in items (a) through (d).
(a) Modification & Testing of Vehicles Six OP Years or Older
An ICI may import a vehicle that is six OP years or older, and requires modification and
testing to comply with Federal emission requirements. No bond is required by EPA, nor is
written EPA approval required.
Requirements:
ICI must have any currently valid certificate of conformity.
ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "C."
ICI must bring the vehicle into compliance with Federal emission requirements.
ICI must conduct Federal emissions city and highway test on every vehicle to
demonstrate compliance with applicable emission standards.
ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported
vehicle or engine to EPA and hold vehicle for 15 Federal working days (or more if
required by EPA) after submitting the 3520-8 form.
Restrictions:
Vehicle must not be driven on public roads or highways until after final admission by
EPA.
Vehicle must not be given to owner (for use or storage) until after final admission by
EPA.
Vehicle must comply with the current emission standards and other requirements
applicable at the time of importation. An ICI may import in any one certificate year a
total of 50 light-duty vehicles, light-duty trucks and medium-duty passenger vehicles
and/or 50 motorcycles which comply with the U.S. EPA Federal emission standards and
other requirements which are applicable for the OP year of the vehicle.
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(b) Modification & Testing of Vehicles Less than Six OP Years
An ICI may also import a vehicle that is less than six OP years old, and requires
modification and testing in order to comply with Federal emission requirements. Again, no
Customs bond is required, nor is written EPA approval required.
Requirements:
ICI must already have an EPA certificate of conformity for the specific model year,
make, model, and engine of the vehicle (e.g., 1990 Mercedes-Benz 500) it desires to
import, or ICI must use the vehicle as a prototype (test vehicle) to obtain the necessary
certificate of conformity.
ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "A" (or
code "J" if vehicle is being used as a prototype to obtain a certificate of conformity).
ICI must bring vehicle into compliance in accordance with certificate of conformity.
ICI must conduct Federal emissions city and highway tests on every third vehicle
imported under a certificate of conformity to demonstrate compliance with Federal
emission standards.
ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported
vehicle or engine to EPA and hold vehicle or engine for 15 Federal working days (or
more if required by EPA) after submitting the 3520-8 form.
Vehicle must comply with the current emission standards and other requirements
applicable at the time of importation. An ICI may import in any one certificate year a
total of 50 light-duty vehicles, light-duty trucks, medium-duty passenger vehicles or 50
motorcycles which comply with the U.S. EPA Federal emission standards and other
requirements which are applicable to the OP year of the vehicle.
Restrictions:
Vehicle must not be driven on public roads or highways (except for the driving necessary
to obtain a certificate of conformity) until final admission by EPA.
Vehicle must not be released to the owner (for use or storage) until after final admission
by EPA.
(c) Modification to OEM Certified Version
An ICI can import a vehicle that requires modification in order to be identical to an OEM
certified version. The modifications must be conducted in accordance with written instructions
from the U.S. representative of the OEM that are specific to the vehicle. No Customs bond is
required, nor is written EPA approval required.
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Requirements:
ICI must obtain copy of the modification instructions from the U.S. representative of the
OEM prior to importation.
ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "Z."
ICI must attach a copy of the OEM instructions to EPA Form 3520-1 .
ICI must modify vehicle in accordance with the OEM instructions.
ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported
vehicle or engine to EPA and hold vehicle for 15 Federal working days (or more, if
required by EPA) after submitting the 3520-8 form.
Restrictions:
Vehicle must not be driven on public roads or highways until after final admission by
EPA.
Vehicle must not be released to owner (for use or storage) until after final admission by
EPA.
Vehicle must comply with the current emission standards and other requirements
applicable at the time of importation. An ICI may import in any one certificate year a
total of 50 light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, or 50
motorcycles which comply with the U.S. EPA Federal emission standards and other
requirements which are applicable to the OP year of the vehicle.
NOTES:
1. Regardless of the requirements above being satisfied, a vehicle is not eligible for this
exemption if it has been modified or altered such that the vehicle configuration is not
covered under the original manufacturer's certificate of conformity.
2. Obtaining a letter from the OEM's U.S. representative is the responsibility of the
importer. EPA does not have authority over manufacturer's non-V.S. version vehicles.
Some manufacturers do not provide such letters. Failure to obtain such a letter is not
justification for a hardship exemption.
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2.1.4 Nonroad or Heavy-Duty Highway Engines
Importers using Form 3520-21 check box 1 if importing a U.S. certified engine or engine
installed in a certified vehicle, covered by a valid U.S. EPA certificate of conformity and bearing
a U.S. emissions control label in English.
There are eight categories of nonroad or heavy-duty highway engines, vehicles, and
equipment that must conform to EPA requirements and emission standards, and can be imported
using EPA Form 3520-21. These categories are subject to EPA emission standards under a
variety of different rules (as referenced below), and include the following:
Heavy-duty highway engines for use in vehicles with gross weight of over 8,500 pounds
(see 40 CFR 85 and 86);
Locomotives or locomotive engines (see 40 CFR 92 and 1033);
Marine compression-ignition engines including propulsion and auxiliary engines (see 40
CFR 94 and 1042);
Other nonroad compression-ignition engines below 37 kW 40 (see 40 CFR 89, 1039, and
1068);
Marine spark-ignition engines (see 40 CFR 91 and 1045);
Recreational spark-ignition engines and vehicles such as snowmobiles, off-highway
motorcycles, all-terrain vehicles and off-road utility vehicles that are subject to the same
emission standards as all-terrain vehicles (see 40 CFR 1051 and 1068);
Other nonroad spark-ignition engines at or below 19 kW (or at or below 30 kW if
displacement is at or below 1,000 cc) (see 40 CFR 90 and 1054); and
Other nonroad spark-ignition engines above 19 kW (or above 30 kW if displacement is at
or below 1,000 cc) (see 40 CFR 1048 and 1068).
These engines may be imported as a U.S. certified engine or engine installed in a certified
vehicle. If this scenario does not apply, the engine may still be imported under certain
circumstances (e.g., exemptions). The exemptions and exclusions available to importers of
nonroad or heavy-duty highway engines are described in further detail below.
2.1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines
There are a number of cases where a permanent exemption may apply to a heavy duty
highway engine or nonroad engine/vehicle. Importers should check the appropriate option using
boxes 2 through 9 on Form 3520-21 if importing a non-conforming engine under one of the
following permanent exemptions (see the form for applicable regulatory references):
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National security. For certain types of tactical equipment, this exemption may require
prior EPA approval.
Manufacturer-owned engines (i.e., manufacturers holding a current U.S. EPA certificate
of conformity).
Replacement engines (exemption does not apply to highway or locomotive engines).
Extraordinary circumstances/hardship (an EPA letter of approval must be attached to the
form).
Small-volume manufacturers (an EPA letter of approval must be attached to the form).
Equipment-manufacturer hardship (an EPA letter of approval must be attached to the
form). This exemption can also apply to secondary engine manufacturers.
Identical configuration. Under this exemption, an engine must be identical in all material
respects to a U.S.-certified version as demonstrated by letter from the engine-
manufacturer contact on the Customs list, subject to EPA review at Customs' discretion.
This exemption does not apply to highway, locomotive, or marine compression-ignition
engines. In addition, the applicable regulations may require that you own the engine for a
certain period before and after importation.
Ancient engine (i.e., first manufactured at least 21 years earlier that is still in its original
configuration). This exemption does not apply to highway, locomotive, or marine
engines.
The applicable regulatory references are listed on EPA Form 3520-21.
2.1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines
Importers should check box 17 or 18, as appropriate, on Form 3520-21 if importing an
engine that is not yet subject to U.S. EPA emission standards:
Engines manufactured before emission standards were in effect will generally be eligible
for an exemption if they have already been placed into service. A recreational marine
compression-ignition engine below 2.5 liters per cylinder imported under this provision
must be manufactured before the 2006 model year. A recreational vehicle imported
under this provision must be manufactured before the 2007 model year.
In addition, certain sterndrive/inboard marine spark-ignition engines may also be eligible
for an exemption if they are not yet subject to EPA standards (see 40 CFR part 91).
Importers should check the appropriate option from boxes 24 through 27 on Form 3520-
21 if they are importing an engine that is subject to an exemption for one of the following
specific engine categories or other special cases:
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Transition Program for Equipment Manufacturers (only applies to the "other nonroad
compression ignition engine" category or Category D on EPA Form 3520-21). Importers
should specify the maximum engine power in kW or horsepower (hp) or identify the
regulatory power category.
Personal-use only applies if three or fewer nonroad spark-ignition engines at or below 19
kW are being imported for purposes other than resale, and if the importer has never
previously used this exemption, subject to the provisions of 40 CFR 90.611.
ICI Imports (only applies to heavy duty highway engines, locomotives, locomotive
engines, marine CI engines and other nonroad CI engines as identified in Categories A
and D on EPA Form 3520-21). ICIs must identify one of the following conditions for
purposes of this exemption:
For modification under a valid EPA certificate issued for the specific make, model,
and model year.
For modification and testing (if the imported engine is at least six years old).
For precertification testing to obtain an EPA certificate. A Customs bond is required,
and the ICI must specify the location of storage.
Under these options, ICIs may import up to five highway engines and five nonroad
engines in a given model year. These engines must be certified to standards based on an engine's
OP year. The ICI may import any number of engines certified to standards that apply based on
the year the engine is modified (see 40 CFR 85.1503 and 89.603).
For other exemptions, check box 27. The importer must describe the exemption, attach
EPA approval (if applicable), and identify the regulatory citation.
2.1.4.3 Excluded Nonroad or Heavy-duty Highway Engines
In addition to the exemptions that may apply, there are also several engine categories that
EPA does not regulate. These would qualify for an exclusion from EPA's import requirements.
Importers should indicate the appropriate option from boxes 19 through 23 on Form 3520-21 if
importing an engine that is excluded from U.S. EPA emission standards. These options are as
follows:
Competition (i.e., engines used solely for competition). An EPA letter of approval must
be attached to the form.
Stationary model year 2006 and earlier (i.e., an engine that is used for a stationary
purpose and remains at a single site at a building, structure, facility, or installation for
more than 12 consecutive months throughout its lifetime, or remains at a seasonal source
during its full annual operating period). The engine must be labeled. Note that 2007
model year Stationary CI engines are subject to certification (see 40 CFR Parts 60 and
89). In addition, a final rule was published on January 18, 2008 for Stationary SI engines
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(the final rule was placed in the EPA Docket under EPA-HQ-OAR-2005-0030-0278, see:
http://www.epa.gov/fedrgstr/EPA-AIR/2008/Januarv/Dav-18/a25394.pdf).
Underground mining (i.e., engines that are used in underground mining and regulated by
the Mining Safety and Health Administration (MSHA)). This exclusion applies to
compression-ignition engines only.
Hobby Engines. This exclusion applies to spark-ignition engines powering a reduced-
scale model of a vehicle not capable of transporting a person, or a compression-ignition
engine with displacement below 50 cc per cylinder.
2.2 Temporary Importations of Vehicles or Engines
Vehicles and engines imported into the U.S. temporarily may be eligible for an
exemption from complying with Federal emission requirements. In these cases, prior written
approval from EPA is required. After the purpose of the exemption has been satisfied, the
vehicle must be exported, destroyed or brought into compliance through the services of an ICI.
The period of the EPA exemption is the same as that authorized by U.S. Customs for the entry.
There are five types of temporary importation exemptions for vehicles and seven types
for nonroad or heavy-duty highway engines. Sections 2.2.1 through 2.2.5 include a description
of each type of exemption for vehicles along with the requirements you must meet when
applying for a specific exemption and the restrictions that will apply to your vehicle. Section
2.2.6 describes similar temporary exemptions for nonroad or heavy-duty highway engines.
2.2.1 Temporary Vehicle Imports for Repair/Alteration
If the vehicle is imported solely for repair or alteration, a Customs bond is required and
written EPA approval must be obtained prior to importation.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"G" and attach the EPA letter of exemption;
Importer must post a bond with U.S. Customs; and
Importer should keep a copy of the EPA approval letter for future proof of EPA
exclusion.
Restrictions:
Repair/Alteration exemptions may not be used for the purposes of converting vehicles to
meet Federal emission requirements, or for storing vehicles (e.g., temporary storage
pending conversion or exportation);
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Vehicle may not be operated on public roads or highways in the U.S. (NOTE: If driving
vehicle on roads is a necessary part of a testing program, see Section 2.2.3, below);
Vehicle may not be sold or otherwise transferred to another party in the U.S.; and
Vehicle must be exported after the repair or alteration, or upon expiration of the
exemption, whichever comes first.
2.2.2 Temporary Vehicle Imports for Display
Anyone may import a vehicle for a legitimate display purpose as determined by EPA.
However, EPA requires a Customs bond and a written EPA approval letter, which must be
obtained prior to importation. Generally, a legitimate display purpose is in the interest of the
general public (e.g., display in a public museum, display at a charity event) or a business (e.g., to
test the market for a new product). The use of this exemption for private purposes is not
permitted, and offering a nonconforming vehicle for sale, as a gift, or as a prize in the U.S.
violates the Clean Air Act.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"K" and must attach the EPA letter of exemption;
Importer must post a bond with U.S. Customs; and
Importer should keep a copy of the EPA approval letter for future proof of EPA
exclusion.
Restrictions:
Vehicle may not be operated on public roads or highways in the U.S., except for that
operation necessary for the display purpose (e.g., filming of vehicle for a movie or
advertisement). However, the vehicle must to be transported to the display location (e.g.,
the film/advertisement studio) without driving on the public roads. If the vehicle must be
driven for the purpose of testing (e.g., demonstrating a brake system), the importer must
import the vehicle under the "Testing" exemption (see Section 2.2.3, below);
Vehicle may not be sold in the U.S., or used for selling (i.e., taking orders for) similar
vehicles in the U.S.;
Vehicle may not be offered as a gift or prize in the U.S.; and
Vehicle must be exported, destroyed or brought into compliance through the services of
an ICI at the end of the display purpose, or expiration of the exemption, whichever occurs
first.
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2.2.3 Temporary Vehicle Imports for Testing
Anyone may import a vehicle or engine for testing purposes involving research,
investigations, studies, demonstrations, or training. The vehicle or engine may be operated on
public roads provided such operation is an integral part of the test program. EPA requires that a
Customs bond, and a written EPA approval letter be obtained before importation.
The importer carries the burden of proof that the proposed test program constitutes an
appropriate basis for an exemption, and must satisfy all the requirements of 40 CFR 85.1705.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"I" and attach the EPA letter of exemption;
Importer must post a bond with U.S. Customs; and
Importer should keep a copy of the EPA approval letter for future proof of EPA
exclusion.
Restrictions:
Vehicle may be driven on public roads and highways in the U.S. only as an integral part
of the test program;
Vehicle may not be sold or otherwise transferred to another party in the U.S.; and
Vehicle must be exported, destroyed or brought into compliance through the services of
an ICI at the end of the test purpose, or expiration of the exemption, whichever comes
first.
2.2.4 Temporary Vehicle Imports for Diplomats
A vehicle may be imported by a member of the armed forces of a foreign country, or a
representative of an international organization, or personnel of a foreign government on
assignment in the U.S. who come within the class of persons for whom free entry has been
authorized in writing by the U.S. Department of State. A vehicle may be imported temporarily
for personal use by a member of the armed forces of a foreign country and has official orders for
duty in the U.S. Neither a Customs bond nor EPA approval is required.
Requirements:
Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "N";
and
A copy of the U.S. Department of State authorization, or orders for duty in the U.S. for
members of the armed forces of foreign countries, must be attached to Form 3520-1.
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Documents from foreign governments or other U.S. agencies are not acceptable, except
for orders for duty in the U.S. for members of the armed forces of foreign countries.
Restrictions:
Vehicle may not be sold or otherwise transferred to another party in the U.S., unless the
new owner also has the required U.S. Department of State authorization, or orders for
duty in the U.S. for members of the armed forces of foreign countries, and the new owner
submits a new EPA Form 3520-1 to U.S. Customs; and
Vehicle must be exported at the end of the authorizing assignment, or U.S. Department of
State authorization for free entry of vehicle, whichever comes first. Alternately, an ICI
may bring the vehicle into compliance with Federal emission requirements. (The ICI
must follow the same requirements as if the ICI were importing the vehicle at the time the
ICI takes possession of the vehicle; see Section 2.1.3.3, above).
2.2.5 Temporary Vehicle Imports for Nonresidents
Motor vehicles and motor vehicle equipment for personal use may be imported for up to
one year. The vehicle must be imported in connection with your arrival, and it must be owned
by you or on order before you depart from abroad. Only individual nonresidents may import a
vehicle through a nonresident exemption. There is no Customs bond required, however, EPA
requires that written approval must be obtained prior to importation.
Requirements:
Importer must file with U. S. Customs, upon entry, an EPA Form 3520-1 declaring code
"O;" and attach the EPA letter of exemption.
Importer should keep a copy of the EPA approval letter for future proof of EPA
exclusion.
Restrictions:
Importer must be a nonresident;
Vehicle may not be sold or otherwise transferred to another party in the U.S.;
Vehicle must be used primarily for personal use by the importer while in the U.S.;
Use of this exemption is prohibited if the vehicle is to be used primarily to conduct
business, or for principle use by persons other than the importer (or spouse of the
importer); and
Vehicle must be exported after one year, or upon the nonresident departing the U.S.,
whichever comes first.
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2.2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports
There are also a number of temporary exemptions that may apply. Importers should
check the appropriate option using boxes 10 through 16 on Form 3520-21 if importing a non-
conforming engine under one of the following temporary exemptions:
Repairs or alterations;
Testing;
Display;
(The above exemptions require prior EPA approval. To obtain information on the
exemption process please contact the EPA Imports Help Line at: (734) 214-4100 or
Imports @epa.gov)
Export (both the engine and shipping container must be labeled or tagged to identify them
solely as export);
Diplomatic or military (this exemption is limited to members of the armed forces or
personnel of a foreign government on assignment to the U.S. for whom free entry has
been authorized in writing by the U.S. Department of State, or for members of the armed
forces of a foreign country with official orders for duty in the U.S. This exemption does
not apply to locomotive or marine compression-ignition engines).
Delegated assembly; or
Partially complete engine (i.e., an engine that is not yet in its final configuration but is
covered by a valid exemption or a certificate of conformity, an engine that will be
installed in a vehicle that is covered by a valid exemption or a certificate of conformity,
or an engine that will be installed in an application not yet subject to EPA emission
standards (see Codes 17 and 18), subject to the provisions of 40 CFR 1068.330).
2.3 Excluded Vehicles
Excluded vehicles are those vehicles that have been excluded from the emission
requirements of the Clean Air Act. These vehicles are excluded by either their age (i.e.,
manufactured prior to the regulations), the type of fuel the vehicle uses, the maximum speed of
the vehicle, or the lack of features associated with safe and practical street or highway use.
Excluded vehicles may be imported by anyone. Excluded vehicles may not be subject to the
motor vehicle regulations but may be subject to other regulations. No bond is required by EPA.
2.3.1 Exclusions Based on Age
As discussed in Section 2.1.3.2(a), vehicles are exempted if they are 21 OP years old or
older and in original unmodified condition. Vehicles in any condition may be excluded if they
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were manufactured prior to the year in which EPA's regulations for the class of vehicle took
effect, as follows:
Table 7
Vehicle Codes for EPA Form 3520-1
Vehicle Type:
Light-duty gasoline-fueled car or truck built before January 1, 1968
Light-duty diesel-fueled car built before January 1, 1975
Light-duty diesel-fueled truck built before January 1, 1977
Motorcycle built before January 1, 1978
Heavy-duty engine (gasoline or diesel-fueled) built before January 1, 1970
Code to Declare on
EPA Form 3520-1:
E
E
E
E
E
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"E."
Customs may require proof of vehicle age.
2.3.2 Non-Chassis-Mounted Engine
Anyone may import a non-chassis-mounted light-duty motor vehicle engine which is
currently covered by an EPA certificate or will be covered by an EPA certificate prior to
introduction into commerce. The engine may be imported without a Customs bond required by
EPA or written EPA approval. The engine must be for use in a light-duty vehicle (LDV), a
motorcycle, a light-duty truck (LDT), a medium-duty passenger vehicle (MDPV), or a chassis-
certified heavy-duty vehicle (HDV).
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"W."
Restrictions:
Mounting an engine in a chassis to "manufacture" a LDV, motorcycle, LDT, MDPV, or
chassis-certified HDV without the proper certificate of conformity from EPA violates the
Clean Air Act;
Mounting an engine in an existing LDV, motorcycle, LDT, MDPV, or chassis-certified
HDV that is certified violates the Clean Air Act unless the engine replacement is identical
to the engine being replaced; and
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The importation of an engine to be used in an engine-certified heavy-duty vehicle or
heavy-duty truck violates the Clean Air Act unless the engine has a proper label
indicating that it is covered under a certificate of conformity, or was built prior to 1970,
or is otherwise excluded or exempted.
2.3.3 Racing Vehicle
Anyone may import a racing vehicle. These vehicles are those which, in general, have
been extensively modified for racing, and are incapable of safe and practical street or highway
use because they lack features associated with safe and practical street or highway use. Such
features include, but are not limited to, a reverse gear (except in the case of motorcycles), a
differential, or other safety features required by state and/or Federal law. EPA does not require a
Customs bond, but written EPA approval must be obtained before clearance at Customs.
Requirements:
You must first receive EPA's approval. Not all vehicles used in races are excluded from
emissions compliance. Determinations are based on the capability of the vehicle, not its
intended use. Importer must submit the following information when applying:
1. Importer's name, address, and daytime telephone number;
2. Vehicle information (make, model, model year and VEST);
3. A list of racing features (features that make the vehicle a racing vehicle);
4. A list of street features that are lacking (features that have been removed or have
never been installed that would permit safe driving on streets or highways);
5. At least four photographs showing the front, rear, and each side view; and if a vehicle
with an interior, photographs of the interior;
6. The name of the sanctioning body and competition class;
7. A schedule of racing events, including dates and locations where the vehicle will
participate;
8. A copy of the competition racing license; and
9. Other proof that the vehicle cannot be used on streets and highways, such as a letter
from a state's Department of Motor Vehicles (DMV) that explains the vehicle cannot
be licensed for use on public roads, and explains why it cannot be licensed.
Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "L"
and attach EPA letter of approval; and
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Importer should keep a copy of the EPA approval letter for future proof of EPA
exclusion.
Restrictions:
Vehicle may not be registered or licensed for use on or operated on the public roads or
highways; and
If an imported racing vehicle is subsequently converted to a motor vehicle and registered
or licensed for street use, the converter may be considered a manufacturer of a new motor
vehicle and subject to a penalty of $25,000 per day for failing to meet EPA emission
requirements.
2.3.4 Unregulated Fuel Vehicle
This exclusion applies to vehicles that run solely on an unregulated fuel. Regulated fuels
are typically gasoline, diesel, ethanol, methanol, Compressed Natural Gas (CNG), or Liquified
Petroleum Gas (LPG) (including propane) fuels. Prior to 2004 model year, an exempt fuel
vehicle will operate solely on fuel:
Other than gasoline or diesel fuel for model years earlier than 1991;
Other than gasoline, diesel, ethanol, or methanol fuel for 1990-1996 model years; or
Other than gasoline, diesel, ethanol, methanol, CNG, or LPG (including propane) for
1997 to 2003.
A duel-fueled or multi-fueled vehicle (such as one that can run on either gasoline or
propane) is regulated if it is capable of running on a regulated fuel.
Requirements:
Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code
"Y."
Converting or re-converting a vehicle that runs solely on an unregulated fuel to run on a
regulated fuel without a proper certificate of conformity from EPA violates the Clean Air
Act.
2.4 Application of section 216(2) 40CFR § 85.1703
(a) For the purpose of determining the applicability of section 216(2), a vehicle which is self-
propelled and capable of transporting a person or persons or any material or any permanently or
temporarily affixed apparatus shall be deemed a motor vehicle, unless any one or more of the
criteria set forth below are met, in which case the vehicle shall be deemed not a motor vehicle
and excluded from the operation of the Act:
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(1) The vehicle cannot exceed a maximum speed of 25 miles per hour over level, paved surfaces;
or
(2) The vehicle lacks features customarily associated with safe and practical street or highway
use, such features including, but not being limited to, a reverse gear (except in the case of
motorcycles), a differential, or safely features required by state and/or federal law; or
(3) The vehicle exhibits features which render its use on a street or highway unsafe, impractical,
or highly unlikely, such features including, but not being limited to, tracked road contact means,
an inordinate size, or features ordinarily associated with military combat or tactical vehicles such
as armor and/or weaponry.
EPA will make written determinations of exclusion for individual vehicle models upon receipt of
dimensions, technical specifications and photographs or drawings of the model in question.
While some vehicles can be easily determined to be excluded, particularly those of inordinate
size, others require more review. An importer that makes his or her own determination does so at
his or her own risk.
*The following vehicles are subject to regulations under parts 90,1051,1065,1068
and 86
2.4.1 Off-Road/Recreational Vehicles
Off road/recreational vehicles include, but are not limited to, vehicles such as
snowmobiles, all-terrain vehicles and off-highway motorcycles, utility vehicles, sand cars and
motorized bicycles. All 2006 or later model year off-road recreational vehicles are subject to
certification in accordance with 40 CFRPart 1051. Exclusion determinations for 2005 or earlier
off- road/recreational vehicles are based on the capability of the subject vehicles to be safely and
practically driven on public roads. Model year 2005 and earlier off-road/recreational vehicles
are excluded, unless they also meet the definition of an on-highway motor vehicle or motorcycle.
Note that the deletion, removal, or absence of features associated with safe and
practical street or highway use (that can be readily added) is not sufficient grounds for this
exclusion. EPA will make written determinations of exclusion for individual vehicle models
upon receipt of dimensions, technical specifications and photographs or drawings of the model in
question. While some vehicles can be easily determined to be excluded, particularly those of
inordinate size, others require more review. An importer that makes his or her own
determination does so at his or her own risk.
EPA Form 3520-1 is no longer used for the importation of off- road/recreational vehicles.
The importer must file with Customs, upon entry, an EPA Form 3520-21. For 2006 and later
model year vehicles subject to certification, use box 1 or the appropriate box for an exemption.
For 2005 and earlier model year vehicles, you must use box 17 and attach proof that the vehicle
was manufactured in 2005 or earlier, is a 2005 or earlier model, and lacks safety or other features
that are required for safe and practical street operation (including evidence of inordinate size or
weight preventing highway use).
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A 2005 or earlier model year highway motor scooters and motorcycles with an engine
displacement of less than 50 cc is not regulated, and may be imported without an approval or
Customs bond under EPA declaration code "U" on Form 3520-1. Any 2006 or later model year
highway motor scooter or motorcycle with an engine displacement less than 50 cc is subject to
certification in accordance with 40 CFR Part 86, Subpart E.
Vehicles using this exclusion may not be registered or licensed for use on, or operated on,
the public roads or highways (with the exception of motorized bicycles).
Requirements:
Complete form 3520-21 as applicable, declaring box 1 for 2006 or later model year
certified vehicles. If the off-road/recreational vehicle was manufactured before January
1, 2006, and is not a 2006 or later model, then declare box 17. Proof that the vehicle was
manufactured in 2005 or earlier and is a 2005 or earlier model and lacks safety or other
features required for safe and practical street operation, including evidence of inordinate
size or weight preventing highway use.
Restrictions:
Any 2006 or later model year vehicle must be certified accordance with 40 CFR 1051;
Not for use by racing or competition vehicles; and
If an imported off-road/recreational vehicle is subsequently converted to a motor vehicle
and registered or licensed for street use, the converter may be considered a manufacturer
of a new motor vehicle and subject to a penalty of $25,000 per day for failing to meet
EPA emission requirements.
2.4.2 Imported Used Japanese Mini-Trucks and Vans
EPA is aware that significant numbers of used model year 2004 and older mini-trucks
and vans (also known as Kei-class vehicles) have been imported illegally from Japan into the
U.S. in the past few years. These vehicles, originally manufactured as on-road motor vehicles in
Japan, are imported in violation of the CAA because they were determined by EPA to be
uncertified motor vehicles, or were excluded from motor vehicle regulations and then
subsequently modified to operate as a motor vehicle. The original vehicle manufacturers are
overseas, usually with no dealer presence in the U.S. These mini-vehicles are being offered for
sale primarily online and through trade magazines and are being imported either without
modifications or with modifications to the original vehicles to ensure eligibility for an exclusion,
with recent indications that these modifications are being removed prior to sale.
As with any regulated vehicle or engine, the importers of these mini-vehicles are required
to import only certified (covered by an EPA-issued CAA Certificate of Conformity and properly
labeled), exempt, or excluded vehicles under the applicable statutes and regulations. The
importers of these mini-vehicles sometimes claim that they have been converted into nonroad
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vehicles, which if manufactured before 2004, are exempt from CAA requirements. To qualify as
a nonroad vehicle, a mini-vehicle must not be capable of traveling in excess of 25 miles per hour
(mph). However, U.S. Customs inspectors have determined that a substantial majority of mini-
vehicles imported into the U.S. are in fact capable of traveling in excess of 25 mph and have
none of the permanent physical attributes necessary to ensure that they cannot exceed this
regulatory threshold. Mini-vehicles that are capable of exceeding the 25 mph threshold, either as
originally manufactured or with the speed governing limiters removed, are regulated as "motor
vehicles" under the Clean Air Act and must be certified either as LDVs, LDTs, or nonroad SI
engines regulated under 40 CFR Part 90.
If you are considering the purchase and importation of one of these mini-vehicles, you
should be aware of the risks associated with your decision. EPA with the assistance of U.S.
Customs, is pursuing enforcement actions throughout the country in various Customs Ports
against importers and manufacturers of these illegal mini-vehicles. EPA is also inspecting
vehicles at dealerships and manufacturer's business locations. Note that the only acceptable
modifications are those that: 1) allow the vehicle to perform in a manner consistent with EPA-
issued guidance; 2) have been determined by EPA to be sufficiently permanent and tamper-
proof; and 3) have been approved by EPA in writing. Meeting these criteria would allow for
mini-vehicles to be excluded from the motor vehicle requirements of the CAA.
Section 2: Other Import-Related Requirements and Information Page 40
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Section 3: Other Import-Related Requirements and Information
3.1 Non-Emission Requirements
This manual describes only the EPA requirements, that is, only those related to the
Federal emission requirements. Importers of vehicles must also comply with the requirements of
other Federal agencies (e.g., Department of Transportation for safety requirements, IRS for gas
guzzler taxes, U.S. Customs and Border Patrol for tariffs and duties, etc.), as well as those of
State and local governments. EPA letters of approval or exemption are not intended to satisfy
other non-emission Federal agency requirements, or any emission or non-emission requirements
of State or local governments. Below is a list of contacts for other Federal requirements.
3.1.1 Customs
Questions regarding the importation of your vehicle should be directed to the Customs
port where your vehicle will be entered.
3.1.2 Safety
For information on Federal safety requirements contact:
U.S. Department of Transportation
400 7th Street, S.W.
Washington, DC 20590
(202) 366-5291
3.1.3 Gas Guzzler Tax
A "Gas Guzzler Tax" may need to be paid on your vehicle. These taxes range from $500
to $3,850 per vehicle. For more information, contact:
Internal Revenue Service
Excise Tax Program
1111 Constitution Avenue, N.W.
SE:S:SP:Ex, Room 2016
Washington, DC 20224
(202)622-3143
3.1.4 State Requirements
California Emission Requirements
The State of California has its own program for regulating the importation of
nonconforming vehicles that are sold, registered, or operated in California. If you are a resident
of, principally drive your car in, register or intend to sell vehicles in the State of California, you
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will need to comply with California's emission requirements in addition to the Federal emission
requirements. For more information on California's requirements, contact:
California Air Resources Board (CARB)
Mobile Source Control Division
9528 Telstar Avenue
El Monte, CA 91731
1-800-242-4450
Proof of Federal Emission Compliance
Many State DMVs require documentation indicating both proof of ownership and
compliance with Federal emission requirements before registration and/or titling of the vehicle
will be permitted. EPA has indicated to representatives of State DMVs that the following
documentation would be sufficient in order to show that a vehicle being imported under the EPA
imports program meets Federal emission requirements:
a. A copy of the EPA Form 3520-1 submitted to Customs.
b. For vehicles entered by ICIs, a verification letter from EPA which states that all
applicable emission requirements have been met. Please contact the ICI that converted
the vehicle to obtain a copy of the EPA release letter for your vehicle. If the ICI cannot
produce the release letter or has gone out of business, you may contact EPA at (734) 214-
4100. EPA may be able to provide such a letter, if EPA records indicate that the vehicle
was properly modified to comply with applicable emission standards.
c. For vehicles granted prior approval or exemption, a copy of the EPA letter of prior
approval or exemption.
Proof of Gas Guzzler Payment
Some states may require proof of payment of the gas guzzler tax, if applicable to your
vehicle (for more information on this tax, see Section 3.1.3 Gas Guzzler Tax).
Inspection/Maintenance Requirements
Your state may operate an Inspection/Maintenance (I/M) program which is designed to
satisfy the state's requirement for reducing excess emissions caused by vehicles that are not
properly tuned or are in need of repair. Because I/M programs are customized to the needs of
each local area, you should contact your local I/M office for more information on its
requirements. A state test is not the same as a Federal test, and EPA will not accept state test
results to satisfy Federal requirements (see Section 1.3 Emissions Testing).
3.2 Locating the Vehicle Emissions Label
The EPA vehicle emissions label is entitled "Vehicle Emission Control Information" and
will contain the name and trademark of the manufacturer and an unconditional statement of
Section 3: Other Import-Related Requirements and Information Page 42
-------
compliance with EPA emission regulations. Figures 2 and 3 show an example of the label used
for model year vehicles produced before and after 2007, respectively.
Automotive and Light Trucks
1. 1971 and later conforming vehicles will have a label in the engine compartment.
2. 1968-1970 conforming motor vehicles will have a label on the doorpost indicating
compliance with Federal motor vehicle safety standards. These vehicles may have an
emissions compliance label in the engine compartment containing a statement that the
vehicle complies with Health Education and Welfare Department emission requirements.
3. 1967 and earlier motor vehicles are excluded from meeting U.S. emission requirements
and will not have a compliance label.
Motorcycles
1978 and later motorcycles will have an EPA emissions label, located in a readily
accessible location, e.g., under the seat, on the frame, or in the glove box of the motorcycle or
motorscooter.
Heavy Duty Vehicles and Engines
Heavy-duty vehicles or engines will have an EPA emissions label on the block of the
engine.
Figure 2
Example Emission Label for Some 2007 and Earlier Model Year Vehicles
^s
^^^^^^m
^^^H .
^^^^_ »
^^= 53
^^^^_ 5
^^^^^^« ****
^^^^^^s Z
^^^^ f
^^^^^^M
^^s
2007 MODEL YEAR
VEHICLE EMISSION CONTROL
INFORMATION
COMPANY'S NAME
NO ADJUSTMENTS NEEDED. SEE SERVICE MANUAL OR
OWNERS MANUAL FOR MORE INFORMATION.
CATALYST
SFI/TWC/H02S/EGR
3.5 Liter
7XXX03.5ABC
7XXX0350AA
THIS VEHICLE CONFORMS TO U.S. EPA REGULATIONS APPLICABLE TO NEW
PASSENGER CARS AND CALIFORNIA REGULATIONS APPLICABLE TO NEW LEV2
PASSENGER CARS. THIS VEHICLE IS CERTIFIED TO OPERATE ON GASOLINE OR ON
ETHANOL BLENDS FROM EO TO £85. OBD II CERTIFIED.
INTAKE
MANIFOLD
THROTTLE
BODY
.^^^
LJ
TO EVAP
CANISTER
/EVAP
/ CANISTER
' PURGE
JL SOLENOID
FK VALVE
FRONT
OFVEH
Section 3: Other Import-Related Requirements and Information
Page 43
-------
Figure 3
Example Emission Label for Some 2007 and Later Model Year Vehicles
Company 's
Trustmark
Company's Name
VEHICLE EMISSION CONTROL
INFORMATION
Conforms to regulations:
U.S. EPA:
California:
IT2B10LDT4
LEV II MDV6
No adjustments needed.
EVAP:
8VEHR0240ABC
8VEHR0240ABD
Group:8VEHT05.8ABC
OBD:
II
OBD:
II
2008 MY
Fuel:
Gasoline
Fuel: Gasoline
TWC/HO2S/EGR/SFI
Standard Fuel Tank: 26/27
gal
Option Fuel Tank: 35.7
gal
Part#
Bar
Code
Here
Label Part
Number
3.3 Additional Information
If you have any additional questions that are not answered by this Automotive Imports
Facts Manual, you may contact the Imports Program at:
Telephone: (734)214-4100,
8:30am-4:30pm Eastern U.S. time, Monday-Friday
Fax: (734) 214-4676, 24 hours every day
Mail or courier delivery at:
U.S. Environmental Protection Agency
Imports Program
2000 Traverwood Dr.
Ann Arbor, MI 48105
When calling EPA concerning a particular vehicle, please have ready the make, model,
model year, and VIN of your vehicle (from the registration card) and, if it has already been
imported, the importer of record, the port of entry, date of entry and entry number (from the EPA
form 3520-1, which you can only get from the port of entry, and of which you should keep a
copy for your records). When writing or faxing EPA, include this information, plus a telephone
number (with area code) where you can be reached during the day.
Section 3: Other Import-Related Requirements and Information
Page 44
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Section 4: Penalties
When EPA or U.S. Customs determines that imported equipment does not meet the EPA
emissions certification requirements, Customs detains or seizes the equipment. EPA and
Customs then coordinate on enforcement to address the CAA violations, including collection of a
penalty and exportation of the illegal equipment. The maximum penalty is $32,500 for each
illegal engine or vehicle, although penalties may be reduced for first-time violators and for
importers who voluntarily disclose and remedy the violation and all prior violations. U.S.
Customs or EPA may also initiate a criminal action against an importer who knowingly makes
false or fraudulent statements, or who omits material information required in U.S. Customs entry
documents. Persons who commit these crimes are subject to a fine of up to $250,000 or
imprisonment for up to two years, or both, see 42 U.S.C. § 7413(c)(2).
Section 4: Penalties Page 45
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[This page intentionally left blank.]
Section 4: Penalties Page 46
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Appendix A
EPA Forms
Appendix A Page A-l
-------
EPA Form 3520-1
Form Approved OMB 2060-0095 Approval Expir«s 7/31/20)0
United States Environmental Protection Agency
Declaration Form
Importation of Motor Vehicles and Motor Vehicle Engines Subject to Federal Air Pollution Regulations
U.S. E.P.A., Compliance & Innovative Strategies Division, 2000 Traverwood Drive. Ann Arbor. Ml 48105 http://www.epa.gQv/otaq/impQfts Phone (734) 214-4100: Fax (734) 214-4676.
This form must be submitted to (he U.S. Customs Service (Customs) (42 USC 7522, 7601: 19 CFR 12.73) for each motor vehicle (Including
motorcycles, disassembled vehicles, kit cars, light-duty vehicle/motorcycle engines) imported into the U.S., except that this form is not required for
motor vehicles that are imported by their original manufacturer and are new and are covered by an EPA certificate of conformity and bear an EPA
emission control label. One form per shipment may be used, with attachments including all information required to fully describe each vehicle or
engine as below. Check the box below indicating the provisions under which you are importing this vehicle or engine. Offroad vehicles/engines
and heavy-duty engines must use form 3520-21. Note: Although only Imports using codes G, I, K, L. M-3, and 0 require specific written authorization
from EPA, Customs may request EPA review of importer documentation and eligibility for any import using this form. A nonconforming vehicle that
is ineligible for the exemptions or exclusions listed below, must be Imported through an independent commercial importer (ICI) under codes A, C, J,
or Z. For codes A, C, J, and Z, EPA does not authorize the release to the vehicle owner.
Penalties: Any person who knowingly makes any false or fraudulent statement, or omits or conceals a material fact can be fined up to S250.000 or imprisoned
for up to 5 years, or both (18 USC 1001). Any person who improperly imports a motor vehicle (including a motorcycle) or engine may be fined up to 532,500
per vehicle or engine (42 USC 7524), and may be subject to forfeiture of the entire importation bond, if applicable (40 CFR 85.1513), and the U.S. Customs
Service may seize the vehicle or engine (19 CFR 162.21).
Description and Declaration of Motor Vehicle or Motor Vehicle Engine (Note: Heavy-duty Engines must use form 3520-21)
1. Port code:
2. Entry date:
mrn/dd/yyyy
3. Custom s entry num b er:
4. Vehicle Identification Number (VIN), or engine serial number:
5. Manufacture date (mo/yr):
6. Manufacturer (make):
7. Model:
8. ICI imports only, codes A, C, J, Z- EPA certificate no.,
model year and expiration date of applicable certificate:
Names, Addresses, and Telephone Numbers of Relevant Parties
Certification: I certify that I have read and understand the purpose of this form, the penalties for falsely declaring information, or for providing misleading information,
or for concealing a matenai fact. The information I have presided is correct, and ail required attachments are appended to this form. I authorize EPA Enforcement
Officers to conduct inspections or testing permitted by the Clean Air Act. \ am the owner, importer, or agent for the owner or importer.
9. Importer (code B: must be
certificate holder or their agent
for shipments of new vehides
prior to introduction into
commerce: codes A, C, J, Z:
must be ICI).
10. Owner:
11. Sorage location:
12. Signature:
mm/ddfyyyy
14. Name, company and pnone (type or print):
U.S. conforming and "identical" vehicles
D code B - U.S. certified - unmodified vehicle bearing a U.S. EPA emission control label in engine compartment (or on motorcycle frame) in English.
D code F - U.S. certified, catalyst restoration - U.S. certified vehicle as described above, except that the catalyst, oxygen sensors or fuel tiller neck restrictor
were removed or damaged. The importer attests that the catalyst and oxygen sensors and fuel filler neck restrictor, as applicable, will be re-installed or
replaced after importation. If leaded gasdine was used, the importer attests that after importation (1) the fuel tank will be drained and refilled with unleaded
gasoline, (2) the catalyst and oxygen sensors, if they were left on the vehicle during use of the leaded gasoline, will be replaced, and (3) the fuel filler neck
restrictor will be checked and replaced as necessary. No bond or EPA approval is required,
D code EE - Identical in all material respects to a U.S. certified version - either 1) Canadian vehicle (proof required e.g, Canadian emission control label,
registration or title, or letter from the U.S. or Canadian manufacturer representative on letterhead verifying manufacture for sale in Canada) on EPA list of
Canadian "identical" models, or 2) vehicle from any country with letter attached to this form from the manufacturer's U.S. representative on letterhead (not a
dealer or mechanic) stating that the vehicle is identical to a U.S. EPA certified version with respect to emissions. The importer attests that vehicle is being
imported for purposes other than resale or lease. For impart of "identical" Canadian vehicles for resale, use code ff.
n code FF - Canadian "Identical" models Imported for resale or lease - Canadian vehicle as described above appearing on EPA list of Canadian
"identical" models, imported for resale or lease. The importer attests that the importer will satisfy applicable labeling, warranty and CAFE requirements as
specified by EPA
EPA exempted vehicles
n code M - miscellaneous exemption, either 1) Canadian vehicle as described above (proof required) and the importer is either permanently emigrating to
the U.S. or will reside in the U.S. for greater than one year under a worker or student visa, or 2) Canadian vehicle received by US. resident through inheritance,
or 3) EPA hardship letter based on unforseen and extraordinary circumstances is attached tothis form.
LJ code E - vehicle at least 21 years old (calendar year of manufacture subtracted from year of importation) and in original unmodified configuration is either
exempted or excluded from EPA emission requirements, depending on age. Vehicles at least 21 years old with replacement engines are not eligible for this
exemption unless they contain equivalent or newer EPA certified engines. Customs may require proof of vehicle age.
EPA Form 3520-1 (Rev. 9-09) Previous editions are obsolete
Pg 1 of 2
Appendix A
Page A-2
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United States
Environmental Protection Agency
Excluded vehicles
fl code L - racing vehicle as determined by EPA and may not be registered or licensed for use on or operated on public roads or highways (40 CFR
85.1511(e)). EPA letter of approval must be attached to this form.
U code U -2005 model year (or older) motorcycle, scooter or moped with engine displacement less than 50cc and rated speed greater than 5000 rpm
f I code W - non-chassis-mounted engine to be used in a light-duty vehicle or fight-duty truck or motorcycle which is currently covered by an EPA certificate or
will be covered by an EPA certificate prior to introduction into commerce.
I } code Y - unregulated fuel - a vehicle that: (1) for mode! years earlier than 1991 operates on fuel other than gasoline or diesel fuel, or (2) for 1991-1996
modef years operates on fuel other than gasoline or diesel or methane! fuel, or (3) for 1997 and later model years operates on fuel other than gasoline or diesef
or methane! or ethand or compressed natural gas (CMC) or licpd petroleum gas (LPGJ, including propane. This exemption does not app!y to 2004 and later
model year vehicles,
Temporary imports
LI code G -importedfor repair or alteration in accordance with 40 CFR 85.1511(b)(1). May not be registered or licensed for use on, or operated on public
roads or highways, or sold or leased in me U.S. Customs bond required. EPA revests that me vehicle be bonded for at least Its full value. EPA letter of
approval must be attached to this form.
LI code I - imported for testing purposes in accordance with 40 CFR 85.1511(b)(2). May not be registered or licensed for use on or operated on public roads or
highways $except operation that is integral 60 the purpose of the testing program) or sold or leased in the U.S. Customs bond required. EPA requests that the
vehicle be bonded for at least its full value. EPA letter of approval must be attached to this form.
D code K - imported for display (solely for public or business purposes, and not for private purposes or U.S. market sales promotions) in accordance with 40
CFR 85.1511(b)(4). May not be registered or licensed for use on or operated on pubfic roads or highways (except operation that is integral to the purpose of the
display) or sold or leased in the U.S. Customs bond required. EPA requests that the vehicle be bonded for at least its full value. EPA letter of approval must
be attached to this form,
flcode N -imported for up to one year by member of the armed forces or personnel of a foreign government on assignment to the U.S., for whom free entry has
been authorized in writing by the U.S. Department of State, or a member of the armed forces of a foreign country with official orders for duty in the U.S.
n code O - imported by nonresident for personal use by an individual for a period up to a year. EPA letter of approval must be attached to this form.
Independent commercial importer ((Cl) imports
LI code A - imported by an ICI for modifications in accordance with a valid EPA certificate of conformity issued for the specific make, model, and model year in
accordance with 40 CFR 85.1505.
PI codeC - imported by an ICI for modification and testing in accordance with 40 CFR 85.1509. Vehicle must beat least 6 years old.
D code J - imported by an ICI for the purpose of pre-certification testing in order to obtain an EPA certificate of conformity. Ho EPA approval is required, The
1C! has 180 days to obtain a certificate or export (40 CFR 85.1511(b)(3)}. Customs bond required.
!~1 code Z - imported by an ICI for the purpose of modifying to be identical to an original equipment manufacturer (OEM) certified version in accordance with
written instructions from the OEM that are specific to the vehicle being imported.
OEM imports
D code H - imported, owned, and controlled directly by an original equipment manufacturer (OEM) on EPA list of OEM certificate holders provided to Customs.
for research, development or testing purposes in accordance with 40 CFR 85.1708. This is a temporary exemption without time limit. If the vehicle as
subsequently covered by an applicable EPA certificate of conformity, it is released from the restrictions of this exemption.
U code Q- imported, owned, and corstrdted directly by an original equipment manufacturer (OEM) on EPA list of OEM certificate holders provided to Customs,
for storage pending receipt of the applicable EPA certificate of conformity, which is pending and imminent. Use of this code is no longer permitted once EPA
has issued the applicable certificate of conformity.
Paperwork Reduction Act Notice
This information is collected to ensure that motor vehicles and engines imported into the U.S. conform with applicable emission requirements. Responses to this collection
are mandatory (40 CFR 85,1501 etseq.. and Clean Asr Act Sections 203 and 208), information submitted to the Agency ynder a daim of confidentiality wil be
safeguarded according to policies set forth m Title 40, Chapter 1, Part 2, Subpart B. The public reporting and recordkeeping burden for thss collection of information is
estimated to average 50 minutes per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements: train personnel to be able to respond to a collection of information; search data sources; complete
and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currency valid OMB control number. Send comments on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the
Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822K 1200 Pennsylvania Ave., NW, Washington. D,C, 20460. Include the OMB control
number in any correspondence. Do not send the completed form to this address.
EPA Form 3520-1 (Rev. 9-09) Previous editions are obsolete Pg 2 of 2
Appendix A Page A-3
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EPA Form 3520-21
United States Environmental Protection Agency Engine Declaration Form
importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations
U.S- EPA, Certification & Compliance Division, 2000 Traverwood Dr, Ann Arbor, Michigan 48105 {734) 214-41QO; trciportsfrffiepa yei>j www epa 0oft//QJaqA
This form must be prepared by the importer for each imported stationary, nonroad or heavy-duty highway engine, including engines incorporated into
vehicles or equipment Note that references in this form to engines generally include vehicles or equipment if they are subject to equipment-based
standards. One form per engine or group of engines in a shipment may be used, with attachments including all information required to fully describe
each engine as below. Provide a duplicate form and attachments to the U.S. Customs Seivice upon request (42 U.S.C. 7522,7601,19 CFR 12.73 or
12.74). This form must be retained for five years from the date of entry (19 CFR 163.4). Additional requirements may apply in California. NOTE: While
certain imports require specific written authorization from EPA, Customs may request EPA review of importer documentation and eligibility for any
import using this form. For light-duty motor vehicles, highway motorcycles, and the corresponding engines, use form 3520-1. This form does not apply
to aircraft engines.
Identify the type of highway, nonroad, or stationary engine, vehicle, or equipment you are importing from the following list of products:
n A. Heavy-duty highway engines (for use in motor vehicles with gross vehicle weight rating above 8500 pounds). See 40 CFR parts 85 and 86.
DB. Locomotives or locomotive engines See 40 CFR parts 1033 and 1068
DC. Marine compression-ignition engines. See 40 CFR part 94 or 40 CFR parts 1042 and 1068. This includes propulsion engines and auxiliary
engines installed on marine vessels.
DO. Other nonroad compression-ignition engines. See 40 CFR part 89 or 40 CFR parts 1039 and 1068
E Marine spark-ignition engines See 40 CFR part 91 or 40 CFR parts 1045 and 1068
DF. Recreational engines and vehicles, including snowmobiles, off-highway motorcycles, all-terrain vehicles, and offroad utility vehicles that are
subject to the same emission standards as all-terrain vehicles. See 40 CFR parts 1051 and 1068,
G. Other nonroad spark-ignition engines at or below 19 kW (or at or below 30 kW if total displacement is at or below 1000 cc) See 40 CFR part 90
or 40 CFR parts 1054 and 1068,
DH. Other nonroad spark-ignition engines above 19 kW. See 40 CFR parts 104S and 1068
QI. Stationary compression-ignition engines with displacement below 30 liters per cylinder. See 40 CFR part 60, subpart II11
DJ. Stationary spark-ignition engines. See 40 CFR part 60, subpart Jjjj.
Check one of the following Codes to indicate the provision under which you are importing the engine, vehicle, or equipment:
n 1. U.S, certified engine or engine Installed In a certified vehicle, covered by a valid U.S. EPA certificate of conformity and bearing a U.S EPA
emission control label In English. Starting January 1, 2010, Category G engines may need to be covered by a bond; see 40 CFR 90.1007.
Permanent Exemptions for Nonconformlng Engines
O2. National security. Importing a labeled (where applicable) engine subject to me provisions of 40 CFR 1068.315(a), 85.1511(c)(1), 89.611(cX1).
90.612(c)(i), 91 7Q4(c)(1), or94.804(c)(l). For certain types of tactical equipment, this exemption may require prior EPA approval.
O3. Manufacturer-owned engine. Importing a labeled engine by an engine manufacturer holding a current U.S. EPA certificate of conformity, subject
to the provisions of 40 CFR 1068.315(b), 85,1706, 89.906, 90.906, 91.1006, or 94.906.
D4. Replacement engine. Importing a labeled engine by an engine manufacturer holding a current U.S EPA certificate of conformity subject to the
provisions of 40 CFR 1068.315(c), 85.1714, 89.1003(b)(7), 90.1003(b)(5), 91.1103(b)(4), or 94.1103(b)(3). This exemption does not apply to
locomotive engines
Q5. Extraordinary circumstances/hardship. Importing a labeled engine subject to the provisions of 40 CFR 1068.315(d), 85.1511(C)(2),
89.611(c)(2), 90.612(e)(2). or 1033.620. An EPA letter of approval must be attached to this form
D6. Hardship for small-volume manufacturers. Importing a labeled engine subject to the provisions of 40 CFR 1068.315(e) or 94.209(b). An EPA
letter of approval must be attached to this form
n?. Equipment-manufacturer hardship. Importing a labeled engine subject to the provisions of 40 CFR 1068.315(f). 89.102(f), or94.209(b), or
1033.620 This may also apply to secondary engine manufacturers An EPA letter of approval must be attached to this form.
D8. Identical configuration Importing an engine subject to the provisions of 40 CFR 1068 315(h), 89.611(c)(3), 90.612(e)(3), or 91.704(e)(2). Such
an engine must be identical In all material respects to a U.S -certified version as demonstrated by letter from the engine-manufacturer contact on the
Customs list, subject to EPA review at Customs' discretion. This exemption does not apply to locomotives or to stationary, highway, or marine
compression-ignition engines. The applicable regulations may require that you own the engine for a certain period before and after importation.
Q9. Ancient engine, Importing an engine first manufactured at least 21 years earlier that is still in its original configuration, subject to the provisions
of 40 CFR 1068.315(1), 89.611(f)(2), or 90.612(f)(2). This exemption does not apply to locomotives or to stationary, highway, or marine engines.
Temporary Exemptions for Nonconforming Engines
The following temporary exemptions apply for Importing nonconformlng engines. EPA requests bonding with the U.S. Customs Service for
the full value of the imported products to make sure you comply with applicable requirements.
CH1Q. Repairs or alterations. Importing an engine for repair or alteration subject to the provisions of 40 CFR 1068,325(a), 85.1511(b)(1),
89,611(b)(1), 90.612(b)(1), 91.704(b)(1), or 94.804(b)(1).
D11- Testing. Importing an engine for testing subject to the provisions of 40 CFR 1068.325(b), 85.1511(b)(2), 89.611(b)(2), 90.612(b)(2),
91.704(bX2), or 94.804(b)(2). Appropriate labeling is required for some engines and recommended for all engines An EPA letter of approval may be
required.
D12. Display. Importing an engine for display subject to the provisions of 40 CFR 1068.325(c), 85.1511(bX4), 89.611(b)(4), 90.612(b)(3),
91.704(bX3), or 94.804(b)(3). Appropriate labeling is required for some engines and recommended for all engines.
D13. Export. Importing an engine for eventual export, subject to the provisions of 40 CFR 1068.325(d), 85.1709, 89.909, 90.909, 91.1009, or 94.909.
NOTE: The engine and/or shipping container must Be labeled or tagged to identify them as solely for export.
D14. Diplomatic or military, importing an engine subject to the provisions of 40 CFR I068.325(e), 85.151 l(d), 89.61 l(d), 90.612(d), or9l704(d).
This exemption is limited to members of the armed forces or personnel of a foreign government on assignment to the U.S. for whom free entry has
been authorized in writing by the U.S. Department of State, or for members of the armed forces of a foreign country with official orders for duty in the
U.S. This exemption does not apply to locomotive or marine compression-ignition engines,
O1S. Delegated assembly. Importing a labeled engine for delegated assembly subject to the provisions of 40 CFR 1068.325(f), 85.1713, or
1033.630. This exemption does not apply to handheld spark-ignition engines or engines for recreational vehicles-
D16. Partially complete engine. Importing an engine not yet in its final configuration covered by a certificate of conformity (or an engine that will be
installed in a vehicle covered by a certificate of conformity), or importing an engine that will be installed in an application not yet subject to EPA
emission standards (see Code 17), subject to the provisions of 40 CFR 1068.325(g). This also applies to an engine covered by a valid exemption. A
certifcate holder may also import a partially complete engine from its foreign facility to its U.S, facility as described in 40 CFR 1068.325(g).
EPA Fonm 3520-21 (R«v, 03-09). This form approved under OMB control numbw 2060-0320 yntil Doc. 31, 2011.
Customs entry no: xxxxxxxxxxxxx
Pg 1 of 2
Appendix A Page A-4
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Importation of Engines Excluded from U.S. EPA Emission Standards
EH 17. Engine manufactured before emission standards started to apply. These engines must generally have already been placed into service
See the attached schedule. Note that standards apply for spark-ignition sterndrive/inboard engines starting in model year 2010. Note also that 40
CFR 1068.350 disallows importation of new engines not certified to current standards if the model year is more than one year before the year of
importation.
Q18 Competition engine. The engine must be used solely for competition, subject to the provisions of 40 CFR 1068.310(a). 85.1511(6), 89.611(e),
90.612(e), 91.704(e), or 94.804(c){2). An EPA letter of approval must be attached to this form.
D19. Stationary compression-Ignition engine with displacement at or above 30 liters per cylinder or stationary spark-ignition engine above
19 kWthat Is not designed to run on gasoline or, if rich-burn, on liquified petroleum gas. These stationary engines are subject to EPA emission
standards under 40 CFR Subparts III! and JJJJ, but are not required to be certified. The engine must be used in a stationary manner. See 40 CFR
60.4219, 60.4248 and 1068.310(0). The engine must be labeled as described in 40 CFR 1039,20 or 1048.20, as applicable NOTE: Stationary
engines may be subject to state or local regulations.
D20. Underground mining. Engine must be used in underground mining and regulated by the Mining Safety and Health Administration (MSHA). See
40 CFR 89.1 and 1039 5; see also 30 CFR parts 7, 31, 32, 36, 56, 57. 70. and 75. For compression-ignition engines only.
O 21. Hobby engine. Engine must be used to power a reduced-scale model of a vehicle not capable of transporting a person. See 40 CFR
1068.310(C), 89.1(b>(5). and 90.1(d)(6).
Exemptions for Specific Engine Categories or Other Special Cases
O 22. Transition Program for Equipment Manufacturers. Importing a piece of equipment, subject to the provisions of 40 CFR 89 102 or 40 CFR
1039.625 and 1039 626 (Category D only). Maximum engine power: O kW d HP (or identify the regulatory power category).
D 23. Personal-use exemption for small spark-Ignition engines. Importing three or fewer nonroad spark-ignition engines at or below 19 kW for
purposes other than resale, where the importer has not used this exemption in the previous five years, subject to the provisions of 40 CFR 1054.630.
24. Engine imported by art Independent Commercial Importer recognized by EPA. Only for Categories A and D above.
D 24a. For modification under an EPA certificate issued for the specific make, model, and model year under 40 CFR 85.1505, 89.605 or 1039.660.
D 24b. For modification and testing according to 40 CFR 85.1509, 89.609, or 1039.660. NOTE: The imported engine must be at least 6 years old.
D24c. For precertificatjon testing to obtain an EPA certificate under 40 CFR 85.1511(bX3), 89.611(b)(3), or 1039.660. NOTE: Customs bond is
required. Specrfy location of storage (required):
NOTE: Under 24a and 24b, you may import up to five highway engines and five nonroad engines in a given model year that are certified to standards
based on an engine's original production year. You may import any number of engines certified to standards that apply based on the year the engine
is modified. See 40 CFR 85.1503 and 89.603.
Q25. Other exemption. Describe the exemption, attach EPA approval (if applicable), and identify the regulatory cite:
Declaration of Stationary, Nonroad or Heavy-duty Highway Engine, Nonroad Vehicle or Equipment, or Stationary Equipment
Port code:
xxxx
Customs entry no:
xxxxxxxxxxxxx
Entry date:
mm/d
-------
Penalties: (1) Anyone who knowingly makes any false or fraudulent statement, or omits or conceals a material fact can be fined up to $270,000 or imprisoned for up to 5
years, or both (18 U.S.C. 1001). Anyone who illegally imports an engine may be fined up to S32,5QQper engine (42 U.S.C. 7524). and may be subject to forfeiture of the
entire irrt pert alien bond, if applicable (40 CFR 1068.335,89.612, 90.613. 91.706. 94.805). and the engine is subject to seieure by Customs < 19 CFR 162.21). (2) Anyone
who distributes in commerce, sells, offers for sale, or introduces into commerce an engine subject to EPA certilication requirements, but not cowered by a certificate of
conformity, may be fined up to 332,500 per violation (40 CFR 1068.101(3), 89.1006, 90.1006, 91.1106, 94.1106). (3) Any person who circumvents or attempts to
circumvent residence-time requirements for stationary engines may be fined up to $32.500 per day of violation (40 CFR 1Q68.101(bX3), 89.1QQ8(a)(5). 90.100&[a)(5}).
Information collection: This information is collected to ensure that engines imported mto the U.S. conform with applicable emission requirements. Responses to this
collection are mandatory {Ciean Air Act sections 202, 203, and 208). Information submitted to the Agency under a claim of confidentiality will be safeguarded as
described in 40 CFR part 2. The public reporting and recordkeeptng burden for this collection of information is estimated to average 30 minutes per response. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send
comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden,
including through the use of automated coSieetion techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822)-, 1200
Pennsylvania Ave., NW, Washington, DC 20460, Include the OMB control number in any correspondence, Do not send the completed form to this address.
Schedule for Application of New Emission Standards for Certifying Engines and Vehicles
Engine category
A. Heavy-duty highway engines
S. Locomotives or locomotive engines
C, Marine compression-ignition engines at or
above 37 kW
0. Other nonroad compression-ignition engines.
E. Marine spark-ignition engines.
F. Recreational spark-ignition engines and
vehicles
G Other nonroad spark-ignition engines at or
below 19 kW
H. Other nonroad spark-ignition engines above
19 kW
i. Stationary compression-ignition engines
J. Stationary spark-ignition engines
Engine subcategory
-
Commercial: displacement < 09 Ucyt
Commercial: 0.9 5 displacement < 2.5 Ucy!
Commercial: displacement _> 2.5 Ucyi
Recreational: displacement < 0.9 Ucyf
Recreational: 0.9 ,< displacement < 2.5 L/cyl
Recreational: 2. 5 ^displacement < 5.0 L/cyl
Marine compression-ignition engines: Power < 19 kW
Marine compression-Ignition engines: 1 9 kW « Power < 37
Nonroad engines: Power < 19 kW
Nonroad engines: 1 9 kW ^ Power < 37
Nonroad engines: 37 kW £ Power < 75
Nonroad engines: 75 kW £ Power < 130
Nonroad engines: 1 30 kW ^ Power ^ 560
Nonroad engines: Power > 560 kW
Outboard
Personal watercratt
Sternd ri ve/i n boa rd
-
-
-
-
All engines with maximum engine power < 1 9 kW
Non-emergency engines with maximum engine power between 19
and 373 kW
Non-emergency engines with maximum engine power ^ 373 kW
Emergency engines with maximum engine power > 1 9 kW
Manufacturing date after which
emission standards start to apply
Model year 1970
January 1. 1973
Model year 2005
Model year 2004
Model year 2007
Model year 2007
Model year 2006
Model year 2009
January 1, 2000
January 1. 1999
January 1. 2000
January 1. 1999
January 1. 1998
January 1. 1997
January 1. 1996
January 1. 2000
Model year 1998
Model year1999
Model Year 2010
Model year 2006
Model year 1987
Model year 2004
April 1 . 2006
July 1 , 2008
Julyl. 2007
January 1. 2009
Appendix A
Page A-6
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Decision flowchart for vehicles
1. Is it a motor vehicle?
§85.1703: A vehicle which is self-propelled and capable of
transporting a person or persons or any material or any
permanently or temporarily affixed apparatus shall be deemed
a motor vehicle, unless any one or more of the criteria set forth
below are met, in which case (he vehicle shall be deemed not a
motor vehicle:
The vehicle cannot exceed a maximum speed of 25
miles per hour over level, paved surfaces; or
The vehicle lacks features customarily associated
with safe and practical street or highway use, such
features including, but not being limited to, a reverse
gear (except in the case of motorcycles), a
differential, or safety features required by state and/or
federal law, or
The vehicle exhibits features which render its use on
a street or highway unsafe, impractical, or highly
unlikely, such features including, but not being
limited to, tracked road contact means, an inordinate
size, or features ordinarily associated with military
combat or tactical vehicles such as armor and or
weaponry.
-If yes, 40 CFR parts 85 and 86 apply.
-If not, see #2.
2. Is it an off-highway motorcycle or snowmobile?
§ 1051 SO 1: Off-highway motorcycle means a two-wheeled
vehicle with a nonroad engine and a seat (excluding marine
vessels and aircraft) (Note highway motorcycles are
regulated under 40 CFR part 86.)
§1051 .SO]: Snowmobile means a vehicle designed to operate
outdoors only over snow-covered ground, with a maximum
width of 1.5 meters or less
-If yes, part 1051 applies. Note that §§1051.605 and
1051.610 allow for vehicles or engines to be certilied
under part 86 or 1048. Note also that diesel-lueled
engines used with off-highway motorcycles or
snowmobiles may be certified under part 89 or 1039
under the provisions of §1051.5.
-If not, see #3.
3. Is it an offroad utility vehicle?
§105] .801: Offroad utility vehicle means a nonroad vehicle
that has four or more wheels, seating for two or more persons,
is designed for operation over rough terrain, and has either a
rear payload capacity of 350 pounds or more or seating for six
or more passengers. Vehicles intended primarily for
recreational purposes that are not capable of transporting six
passengers (such as dune buggies) are not offroad utility
vehicles. (Note: §1051.l(a) specifies that some offroad utility
vehicles are required to meet the requirements that applv for
all-terrain vehicles.)
-If yes, see #4.
-II not, see #5.
4. Is the oflroad utility vehicle subject to part 1051?
§lU51.1(a)(4) Offroad utility vehicles with engines with
displacement less than or equal to HXH) cc, maximum engine
power less than or equal to 30 kW, and maximum vehicle
speed higher than 25 miles per hour Offroad utility vehicles
that are subject to this part are subject to the same
requirements as AT Vs. This means that any requirement that
applies to AT Vs also applies to these offroad utility vehicles,
without regard to whether the regulatory language mentions
offroad utility vehicles.
-If yes, part 1051 applies. Note that §§1051.605 and
1051.610 allow for vehicles or engines to be certified
under part 86 or 1048. Note also that diesel-lueled
engines used with oflroad utility vehicles may be
certilied under part 89 or 1039 under the provisions of
§1051.5.
-If not, sec #6.
5. Is it an all-terrain vehicle?
§ 1051.801: All-terrain vehicle means a land-based or
amphibious nonroad vehicle thai meets either of the following
criteria:
(1) Vehicles designed to travel on four low pressure tires.
having a seat designed to be straddled by the operator and
handlebars for steering controls, and intended for use by a
single operator and no other passengers are all-terra in vehicles.
(2) Other all-terrain vehicles have three or more wheels and
one or more seats, are designed lor operation over rough
terrain, are intended primarily for transportation, and have a
maximum vehicle speed of 25 miles per hour or higher Golf
carts generally do not meet these criteria since they are
generally not designed for operation over rough terrain.
NOTE: Amphibious vehicle means a vehicle with wheels or
tracks that is designed primarily for operation on land and
secondarily lor operation in water .
-Ifyes, part 1051 applies. Note that §§1051.605 and
1051.610 allow for vehicles or engines to be certified
under part 86 or 1048. Note also that diesel-fueled
engines used with all-terrain vehicles may be certified
under part 89 or 1039 under the provisions of §1051.5.
-If not, see &6.
6. Does it have a spark-ignition engine?
§ 1054.80] Spark-ignition means relating to a gasoline-fueled
engine or any other type of engine with a spark plug (or other
sparking device) and with operating characteristics
significantly similar to the theoretical Otto combustion cycle.
Spark-ignition engines usually use a throttle to regulate intake
air How to control power during normal operation.
-If yes. see #7.
-If not, il is subject to standards for diesel engines
(marine, locomotive, or other land-based nonroad).
7. Is it a marine vessel?
§1054 801: Marine vessel has the meaning given in 1 U.S.C.
3. except that it does not include amphibious vehicles
[See #5| The definition in 1 U.S.C 3 very broadly includes
every craft capable of being used as a means of transportation
on water.
-II yes, part 91 or 1045 applies.
-II not, the engine is subject to standards for Small SI or
Large SI engines, depending on the maximum engine
power and total displacement.
Appendix A
Page A-7
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[This page intentionally left blank.]
Appendix A Page A-8
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Appendix B
Glossary
Term
Act
Bond
Canadian version
vehicle
Carbon Monoxide
(CO)
Catalyst
Catalytic converter
Certificate of
conformity
Certificate holder
Certified
Curb weight
Customshouse broker
Emissions test(ing)
EPA-certified
configuration
Definition
The Clean Air Act, as amended (42 U.S.C 7401 et seq.) requires EPA to regulate
emissions from light-duty vehicles, light-duty trucks, motorcycles, and the engines used
in heavy-duty vehicles and heavy-duty trucks. Violations of the Act can result in civil
penalties of up to $25,000 per violation.
A bond is a formal agreement by the importer to forfeit a specified sum of money, based
on the value of the vehicle, engine, or equipment being imported, if he or she fails to
adhere to the conditions of importation.
A vehicle manufactured for the Canadian market according to Canadian safety and
emission standards.
A colorless, odorless, poisonous gas produced by incomplete fossil fuel combustion.
A substance that changes the speed or yield of a chemical reaction without being
consumed or chemically changed by the chemical reaction.
An air pollution abatement device that removes pollutants from motor vehicle exhaust,
either by oxidizing them into carbon dioxide and water or reducing them to nitrogen.
The document issued to a vehicle manufacturer by EPA under section 206(a) of the Act.
A certificate of conformity certifies that a particular class of motor vehicles conforms to
the EPA requirements. Every class of motor vehicle introduced into U.S. commerce
must have a certificate of conformity which is valid for only one model year of
production.
Manufacturer holding a valid certificate of conformity issued by EPA.
Covered by a Certificate of Conformity issued by EPA.
The weight of a vehicle with standard equipment and fluids, but not including options,
driver, passengers or cargo.
Customs brokers are licensed by U.S. Customs and Border Protection (CBP) to conduct
CBP business on behalf of importers. They take the burden of filling out paperwork and
obtaining a Customs bond off of the importer's hands. There is no legal requirement for
you to hire a Customs broker to clear your goods. However, many importers opt to do so
for the convenience.
As used in this document, "emissions test" is used as a convenient abbreviation for the
collection of all applicable Federal emission test procedures. This should not be
confused with the much simpler and cheaper emissions tests that are required by many
states, and conducted by garages and dealers.
An EPA-certified configuration is an Unaltered Vehicle manufactured in conformity with
U.S. federal emission requirements, with a U.S. emissions compliance label in the engine
compartment that identifies it in the English language as conforming to all EPA
requirements.
(cont.)
Appendix B
Page B-l
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Glossary (cont.)
Term
Excluded
vehicle/engine
Exempt
vehicle/engine
Filler neck restrictor
Gas Guzzler Tax
Gross Vehicle Weight
Rating (GVWR)
Heavy-duty truck or
vehicle engine (HDE)
Heavy-duty Diesel
Engine (HDDE)
Heavy-duty Gasoline
Engine (HDGE)
Heavy-duty Vehicle
(HDV) or Heavy-duty
Truck (HDT)
Hydrocarbon
Independent
Commercial
Importer (ICI)
Light-duty truck
(LDT)
Definition
Excluded vehicles or engines have been excluded from the emission requirements of the
Clean Air Act. Reasons for exclusion include vehicle age (i.e., manufactured prior to the
regulations), fuel type, maximum speed, competition or racing features, or lack of
features associated with practical street or highway use.
Exempt vehicles or engines are those may fall into a category of engines or vehicles that
are regulated under the EPA's emissions standards, but meet certain criteria that allow
them to obtain an exemption from EPA's import requirement.
A device which narrows the filler neck to a vehicle's gas tank in order to prevent
accidental use of leaded gas which is typically dispensed from a larger diameter filler
nozzle than unleaded gasoline.
The Energy Tax Act of 1978 initially established a Gas Guzzler Tax on the sale of new
vehicles whose fuel economy failed to meet certain statutory levels. Subpart F of 40
CFR Part 600 sets out the procedures for EPA's determination of the Gas Guzzler tax.
The weight specified by the manufacturer as the loaded weight of a single vehicle. The
loaded weight of the vehicle includes passengers, options, and cargo.
Any engine to be used in a heavy-duty truck or heavy-duty vehicle for the purpose of
propelling the truck or vehicle.
A heavy-duty engine that runs on diesel fuel.
A heavy-duty engine that runs on gasoline.
Any motor vehicle (including buses) having a GVWR of greater than 8,500 pounds, or
curb weight of more than 6,000 pounds, or that has a basic vehicle frontal areas in excess
of 45 square feet (40 CFR 86.1803-01)
Chemical compounds that consist entirely of carbon and hydrogen.
A commercial importer of vehicles who is not an original equipment manufacturer
(OEM) or does not have a contractual agreement with an OEM to act as its authorized
representative for the distribution of vehicles in the U.S. market. An ICI is considered to
be a manufacturer when it modifies a nonconforming vehicle.
Any motor vehicle rated at 8,500 pounds GVWR or less which has a vehicle curb weight
of 6,000 pounds or less
and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons, or
(3) Available with special features enabling off-street or off-highway operation and use.
(40 CFR 86.1803-01)
(cont.)
Appendix B
Page B-2
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Glossary (cont.)
Term
Light-duty vehicle
(LDV)
Mini-Truck
Model year
Nitrogen oxides
(NOX)
Non-conforming
vehicle
Nonroad engine
Nonroad vehicle
Non-U.S. version
vehicle
Off-road vehicle
Original equipment
manufacturer
Oxygen sensor
Definition
A passenger car or passenger car derivative capable of seating 12 passengers or less. (40
CFR 86. 1803-01). [Note: The federal "light-duty vehicle" definition is essentially
identical to the California definition for "passenger car. "]
Mini-trucks are small trucks or vans, with an engine displacement below 1000 cubic
centimeters and a maximum engine power of less than 30 Kilowatts (kW) with a
maximum speed of 25 miles per hour or less.
The vehicle manufacturer's annual production period, (e.g., vehicles manufactured in
January 1994 are considered to be part of the 1994 model year). If the manufacturer has
no annual production period (e.g., the model year is not explicitly specified by the
manufacturer for many vehicles manufactured for sale in foreign countries), the model
year is considered to be the calendar year in which a vehicle is manufactured. For a
vehicle modified by an ICI, the Id's model year is the calendar year in which it modifies
the vehicle.
Nitrogen oxides are the product of combustion from transportation and stationary sources
and a major contributor to the formation of ozone in the troposphere and to acid
deposition.
A vehicle that is not covered by a certificate of conformity prior to importation into the
U.S. (either a final or conditional importation) and which has not been finally admitted
into the United States by EPA. Vehicles claimed to be U.S. certified vehicles but driven
overseas are generally presumed to be nonconforming until proven otherwise, including
demonstration of the presence and proper functioning of all emission related components.
An internal combustion engine (including the fuel system) that is: 1) used in a nonroad
vehicle, 2) installed in or on equipment that is self propelled and/or performs another
function while propelling itself (e.g., lawnmower), or 3) portable or not at the same
location for more than 12 consecutive months (e.g., generators). Nonroad engines do not
include those used in a motor vehicle, or a vehicle used solely for competition, or that are
subject to standards promulgated under Section 111 (New Source Performance
Standards) or Section 202 of the Clean Air Act (40 CFR 89.2).
A vehicle that is not capable of being safely and practically driven on public roads or
highways, including both off-road/recreational vehicles (such as snowmobiles and off-
highway motorcycles) and other vehicles with features including, but not limited to,
tracked road contact means, inordinate size, or features ordinarily associated with
military combat or tactical vehicles such as armor and/or weaponry, (EPA regards
vehicles that exceed any of the Federal weight or dimensional limitations placed on
vehicles using the Interstate Highway System to be of an inordinate size).
A vehicle that is not certified and labeled by the U.S. EPA as meeting U.S. emission
standards.
Vehicles that do not exceed an ungoverned speed of 25 miles per hour, lack features
customarily associated with safe and practical street or highway use, or exhibit features
that make its use on a street or highway unsafe, impractical, or highly unlikely.
The manufacturer that originally produced the vehicle or heavy-duty engine (e.g., Ford,
Mercedes Benz, etc.)
A sensor in the engine exhaust system that measures the concentration of oxygen in the
exhaust gas.
(cont.)
Appendix B
Page B-3
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Glossary (cont.)
Term
Original production
(OP) years old
Port of entry
Racing vehicle
U.S. Customs and
Border Protection
Vacuum hoses
Useful life
Vehicle
Vehicle emissions
label
Definition
A vehicle's age, determined by subtracting the calendar year in which it was originally
manufactured from the calendar year of importation (e.g., a vehicle built by a European
manufacturer in 2002 and imported into the U.S. in 2004 would be two original
production years old).
The port where a vehicle or engine enters the United States.
A vehicle that has in general been extensively modified for racing, and is incapable of
safe and practical street or highway use because it lacks features associated with this type
of use.
Customs and Border Protection is part of the U.S. Department of Homeland Security that
is (among other duties) responsible for regulating imports of engines and vehicles. For
further information, see http://www.cbp.gov/.
Vacuum hoses are part of an engine's emissions control system.
The legal life of a vehicle during which the manufacturer is responsible for meeting
emission requirements and offering an emissions warranty (i.e., For cars built from
January 1, 1968 to the 1993 model year, the useful life is five years or 50,000 miles,
which ever occurs first. A longer useful life often years or 100,000 miles which ever
occurs first, has been phased in with the 1994 model years).
As used in this manual, "vehicle" is used as a convenient abbreviation for the collection
of all categories of motor vehicles and motor vehicle engines. Specifically, it includes
cars, motorcycles, light-duty trucks, heavy-duty vehicles, heavy-duty trucks, and heavy-
duty engines.
The EPA vehicle emissions label is entitled "Vehicle Emission Control Information" and
will contain the name and trademark of the manufacturer and an unconditional statement
of compliance with EPA emission regulations.
Appendix B
Page B-4
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