Automotive Imports Facts Manual
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.
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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.
• 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
• 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
it's original EPA-certified configuration if those systems or components are altered, damaged, malfunctioning or
missing.
AUTOMOTIVE IMPORTS FACTS
MANUAL
Table of Contents
A. Introduction
• Introduction
• Glossary
• Importation Flow Chart
B. Detailed Importing Requirements
• Excluded Vehicles
• Temporary Importations
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• Permanent Importations
o U.S. Version Vehicles
o Canadian Vehicles
o List of Canadian Vehicles Considered by EPA to Conform with U.S. Emissions
Requirements
o Non-U.S. Version Vehicles
C. Attachments
• Non-Emission Requirements
• How to Find the Vehicle Emissions Label
• Additional Information
• Manufacturer's U.S. Representatives
• List of Independent Commercial Importers
D. EPA Entry Forms
• Use EPA Standard Form 3520-1 for vehicles and heavy duty trucks
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SECTION A
INTRODUCTION
Importing motor vehicles and motor vehicle engines (hereafter referred to collectively as vehicles) into
the United States can be a very complex and confusing process. Before importing any vehicle into the
U.S., importers need to consider the EPA requirements. This Automotive Imports Facts Manual guides
individuals through the necessary steps for importing vehicles 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) and volume 40 of the Code of Federal Regulations, Part 85; subparts P and R. You may find the
Federal Regulations in the September 25, 1987 Federal Register Vol. 52, No. 186, pages 36136 - 36164.
How to Use this Manual
This manual is designed to direct importers through the proper procedures for importing their vehicle. To
use the manual effectively, 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
6. the gross vehicle weight rating (GVWR) for trucks
There are three primary questions for determining the general method of importation of a vehicle (see the
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 and follow the specific instructions for
importing your vehicle.
EPA Entry Form
An EPA importation declaration form (EPA Form 3520-1) must be submitted to the U.S. Customs
Service for most vehicle importations. The most recent version of the EPA Form 3520-1 must be used
and may be obtained from U.S. Customs or a Customshouse Broker at the port of entry. A copy of this
form is also provided in this manual as Attachment 6a in Section C. This Automotive Imports Facts
Manual will help you determine which declaration code must be entered in block 8 of the EPA Form
3520-1 for your vehicle (see Figure 1 below). There is only one situation in which the importer does not
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need to submit the EPA Form 3520-1 to U.S. Custom: An original equipment manufacturer (OEM)
importing new certified vehicles.
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Emissions Testing
The Federal emission testing requirements are based on complex laboratory testing procedures as
described in 40 CFR Part 86. The emissions are measured while the vehicle is being driven in the
laboratory on a chassis dynamometer. The vehicle is driven through a specific driving cycle representing
a typical urban drive of 10.5 miles, takes 14 to 36 hours, and includes fuel filling, starting, stopping,
accelerating, decelerating, cruising, idling, and sitting while parked*. The emissions measured include
hydrocarbons (H C), Carbon Monoxide (CO), Nitrous Oxides (NOx), Evaporative emissions, and
particulate emissions. Commercially, testing for light-duty vehicles (e.g., passenger cars) typically costs
about $1,000. State emission tests are typically much shorter, simpler, and cheaper, and measure only HC
and CO. EPA does not accept the results of state emission tests to demonstrate compliance with Federal
emission standards.
* The testing details described above represent the Federal emission testing requirements for light-duty vehicles (cars) and
light-duty trucks. Heavy-duty engines are tested on an engine dynamometer (not mounted in a truck, bus, etc.) and have
different testing procedures.
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 must also comply with the requirements of
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other Federal Agencies (e.g., Department of Transportation for safety requirements, Internal Revenue
Service for gas guzzler taxes, and U.S. Customs Service for tariffs, duties, etc.) as well as those of State
and local governments (see Non-Emission Requirements for applicable Federal government contacts).
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 Independent Commercial
Importer (ICI) should obtain a written contractual agreement which addresses typical buyer concerns,
such as:
1) Does the ICI have the necessary EPA certificate to import the vehicle?
2) 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?
3) Is the ICI obligated to inform the owner prior to incurring any additional charges?
4) Is the time required to successfully demonstrate compliance quoted?
5) Does the owner have any right to terminate the services of the ICI if costs become too high or the time
involved too long?
GLOSSARY
ACT
CERTIFICATE OF CONFORMITY
CERTIFICATE HOLDER
The Clean Air Act, as amended (42
U.S.C. 7401 etseq.). The Act 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.
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
vehicles introduced into the commerce
of the U.S. must have a certificate of
conformity, and they are valid for only
one model year of production.
Manufacturer holding a valid certificate
of conformity issued by EPA.
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CERTIFIED
EMISSIONS TEST(ING)
EPA
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 (HOT)
INDEPENDENT COMMERCIAL IMPORTER (ICI)
LIGHT-DUTY TRUCK (LOT)
LIGHT-DUTY VEHICLE (LDV)
Covered by a Certificate of Conformity
issued by EPA
As used in this document, "emission
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
emission test required by many states,
and conducted by garages and dealers.
Environmental Protection Agency
Gross vehicle weight rating
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.
Generally, any vehicle (including buses)
having a GVWR of greater than 8500
pounds, or curb weight of more than
6000 pounds.
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.
Vehicles (generally pickup trucks and
vans) of 8500 pounds GVWR or less
that are designed principally for
carrying cargo, not passengers.
Automobile, passenger car, etc.
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MODEL YEAR
NONCONFORMING VEHICLE
ORIGINAL PRODUCTION (OP) YEARS OLD
ORIGINAL EQUIPMENT MANUFACTURER (OEM)
The vehicle manufacturer's annual
production period, (eg., 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 ICI'smodel year
is the calendar year in which it modifies
the vehicle.
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 driven
overseas are generally presumed to be
nonconforming until proven otherwise,
including for the presence and proper
functioning of all emission related
components.
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 1986 and imported into
the U.S. in 1988 would be two original
production years old).
The manufacturer that originally
produced the vehicle or heavy-duty
engine (e.g., Ford, Mercedes Benz, etc.)
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USEFUL LIFE 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 of ten
years or 100,000 miles which ever
occurs first, is being phased in with the
1994 model years).
VEHICLE 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.
VIN Vehicle Identification Number
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SECTION B
DETAILED IMPORTING
REQUIREMENTS
1. 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. No bond is required by EPA.
a. Exclusions Based on Age
The vehicle is a: Declare code:
• Light-duty gasoline-fueled car or truck built before January 1, 1968 E
(formerly R)
• Light-duty diesel-fueled car built before January 1, 1975 E
(formerly S)
• Light-duty diesel-fueled truck built before January 1, 1977 E
formerly T)
• Motorcycle built before January 1, 1978 E
(formerly U)
• Heavy-duty engine (gasoline or diesel-fueled) built before January 1. 1970 E
formerly V)
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.
Restrictions
• None
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b. Non-Chassis-Mounted Engine
The engine is to be used in a light-duty vehicle (LDV), a motorcycle, or a light-duty truck
(LDT). 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.
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, or LDT
without the proper certificate of conformity from EPA is a violation of the
Clean Air Act;
• Mounting an engine in an existing LDV, motorcycle, or LDT that is certified is
a violation of the Clean Air Act unless the engine replacement is identical to
the engine being replaced; and
• The importation of an engine to be used in a heavy-duty vehicle or heavy-duty
truck is a violation of 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.
c. Off Road Vehicle
Any 2006 or later model year off road/recreational vehicles are subject to
certification in accordance with 40 CFR Part 1051. Exclusion determinations for
2005 or earlier off road/ recreational vehicles are based on the capability of the
subject vehicles, not their intended or principal use. The vehicle:
1. cannot exceed a maximum ungoverned speed of 25 miles per hour over level,
paved surfaces, (Vehicles that are governed to a speed of 25 miles per hour or
less may be excluded if the governor is deemed sufficiently tamperproof. EPA
will make evaluations of governing devices upon request); or
2. lacks features customarily associated with safe and practical street or highway
use, such features including, but not limited to, a reverse gear (except in the case
of motorcycles), a differential, or safety features by state and/or Federal law,
(The mere deletion, removal or absence of features that can be readily added or
the lack of U.S. Department of Transportation approval of safety features on the
vehicle is not sufficient grounds for exclusion); or
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3. 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
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). The Interstate limitations include a single axle weight of 20,000 pounds, a
tandem axle weight of 34,000 pounds, a vehicle weight of 80,000 pounds, and a
width of 102 inches, excluding safety devices. The weight limitations are actual
vehicle or axle weights, not weight ratings.)
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.
Off road/recreational vehicles manufactured on or after January 1, 2006 are
subject to EPA certification regulations 40 CFR Part 1051. The new regulations
are primarily for 2006 and later model year off road vehicles. Consult the EPA
nonroad entry form 3520-21 to determine applicability. The EPA entry form 3520-
1 will no longer be used for the importation of off road vehicles.
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, attaching 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 in accordance with 40 CFR
1051.
• Not for use by racing vehicles; and
• Vehicle may not be registered or licensed for use on or operated on the
public roads or highways. If an imported non-road 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.
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d. Racing vehicle
The vehicle 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 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. Anyone may import a racing vehicle without a Customs bond required by
EPA; however, 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 VIN);
3. a list of racing features (features that make the vehicle a racing vehicle);
4. a list of street features lacking (features that have been removed or have
never been installed that would permit safe driving on streets or highways);
5. at least 4 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 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
• 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
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manufacturer of a new motor vehicle and subject to a penalty of $25,000 per
day for failing to meet EPA emission requirements.
e. Unregulated Fuel Vehicle
The vehicle runs solely on an unregulated fuel. Regulated fuels are typically
gasoline, diesel, ethanol, methanol, CNG, or LPG (including propane) fuels. For
2004 and later model years, only fuel cell and electric vehicles are unregulated.
Prior to 2004 model year, an exempt fuel vehicle will operate solely on fuel:
1. other than gasoline or diesel fuel for model years earlier than 1991,
2. other than gasoline, diesel, ethanol, or methanol fuel for 1990-1996 models
years,
3. other than gasoline, diesel, ethanol, methanol, CNG, or LPG (including
propane) for 1997 and later model years.
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 is a
violation of the Clean Air Act.
2. Temporary Importations
Vehicles and engines imported into the U.S. temporarily may be eligible for an
exemption from complying with Federal emission requirements. However,
vehicles imported for the purpose of conversion to meet Federal emission
requirements must be imported by an ICI (see Permanent Importations: Non
U.S. Versions - "Importations by an ICI"). After the purpose of the exemption
has been satisfied, the vehicle must be exported or destroyed. The period of
the EPA exemption is the same as that authorized by U.S. Customs for the
entry. There are six types of temporary importation exemptions. Below is a
description of each type of exemption along with the requirements you must
meet when applying for a specific exemption, and the restrictions that will apply
to your vehicle.
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a. Repair/Alteration
The vehicle is imported solely for repair or alteration. Anyone may import a
vehicle for repair or alteration; however, a Customs bond is required and written
EPA approval must be obtained before clearance at Customs.
Requirements
• Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1
declaring code "G"; and
• Importer must post a bond with U.S. Customs
• 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);
• 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 Temporary Importations: "Testing");
• 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.
b. Display
The vehicle is imported solely for display. Anyone may import a vehicle for a
legitimate display purpose as determined by EPA; however, EPA requires a
Customs bond and written EPA approval must be obtained before clearance at
Customs. 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. is a violation of the Clean Air Act.
Requirements
• Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1
declaring code "K"; and
• Importer must post a bond with U.S. Customs.
• Importer should keep a copy of the EPA approval letter for future proof of
EPA exclusion.
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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 vehicle must be driven for the
purpose of testing (e.g., demonstrating a brake system), importer must
import the vehicle under the sections Temporary Importations: "OEM
Testing" or "Testing Exemption", as applicable;
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 or destroyed at the end of the display purpose,
or expiration of the exemption, whichever comes first.
c. Testing
The vehicle or engine is being imported 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. Anyone may import a vehicle for testing purposes; however, EPA
requires a Customs bond and written EPA approval must be obtained before
clearance at Customs.
The importer carries the burden of proving 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
• Importer must post a bond with U.S. Customs.
• 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 or destroyed at the end of the test purpose, or
expiration of the exemption, whichever comes first.
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d. Diplomat
The vehicle is being 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 comes within the class of
persons for whom free entry has been authorized in writing by the U.S.
Department of State; or the vehicle is being 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 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. 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 Independent Commercial Importer (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
Permanent Importations: Non U.S. Versions - "Importations by an ICI")
e. Nonresident
The vehicle is temporarily being imported by a nonresident for personal use by
the importer. Only individual nonresidents may import a vehicle through a
nonresident exemption. There is no Customs bond required; However, EPA
requires written approval must be obtained before clearance at Customs.
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Requirements
Importer must file with U. S. Customs, upon entry, an EPA
Form 3520-1 declaring code "0"
Importer must qualify to be a nonresident according to
Customs requirements;
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.
3. Permanent Importations
a. U.S. Version Vehicles
(1) What are 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 "How to
Find 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
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compartment (or on the frame of a motorcycle, or on the block of a heavy-duty
engine), 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 "Non U.S. Version Vehicles").
(2) Why Does EPA Restrict the Importation of U.S.
Version Vehicles?
EPA must enforce certain requirements to restrict the importation of U.S.
version vehicles in which the engine or emissions related components may
have been removed, changed, altered, damaged, or contaminated (i.e., with the
use of leaded gasoline).
EPA's regulations generally require that the catalytic converter, or catalytic
converter and oxygen sensors (as applicable) be replaced in U.S. version
vehicles that may have been contaminated with leaded gasoline overseas. The
use of leaded fuel in a vehicle equipped with a catalytic converter will affect the
ability of the catalyst and oxygen sensors to effectively reduce emissions. In
many overseas countries, unleaded fuel is not yet widely available. Also, the
vehicle's fuel filler inlet restrictor will have to be replaced if it has been removed
or altered to help prevent future filling of the vehicle with leaded fuel.
(3) What You Should Know Before Shipping a
U.S. Version Vehicle Overseas
(a) 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) 564-2417.
(b) EPA has determined that unleaded gasoline is widely available in certain
countries: Canada, Mexico, Japan, Australia, Taiwan, Bahama Islands, Western
Europe, Hong Kong and South Korea. (Western European countries include
Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland,
Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden
Switzerland, and United Kingdom). This list is not inclusive. The vehicle owner is
responsible for determining whether unleaded gasoline is readily available in
those locations in which the owner intends to operate the U.S. version vehicle.
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(4) EPA Requirements for 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. Below is a
description of the requirements and restrictions that will apply when
importing your vehicle.
(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 the vehicle is a U.S. version, upon
request by U.S. Customs or EPA.
Restrictions
• None
(b) CATALYST, OXYGEN SENSORS, OR FILLER NECK
RESTRICTOR REMOVED ORALTERED
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"; and
• The importer must reinstall or replace the catalyst or 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 on the vehicle
during use of the leaded gasoline.
• Importer must be able to demonstrate the vehicle is a U.S. version, upon
request by U.S. Customs or EPA.
Restrictions
• None
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b. 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 emissions 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 How to Find
the Vehicle Emissions Label). If your vehicle contains such a label, it may be
imported as a U.S. version vehicle (see 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 emissions requirements.
(1) Identical to U.S. Version
The Canadian vehicle is identical, in all material respects to a U.S. version
vehicle identified in an original equipment manufacturer's (OEM's) EPA
certification application. Anyone may import a Canadian vehicle identical to a
U.S. version vehicle without a Customs bond required by EPA and without
EPA approval if the vehicle meets one of the following conditions:
1. the vehicle is a 1988 to 1995 or 1998 to present model year Canadian LDV
(passenger car), LOT (including pickup trucks and vans having GVWR of 8500
pounds or less), or HDGE (not motorcycles or HDDEs); or
2. Importer has a letter from the U.S. representative of the OEM stating that
when manufactured, the vehicle met all U.S. emission requirements, except
possibly for labeling or warranty; or
3. the vehicle is on the EPA list of vehicles considered to be identical to U.S
version vehicles: List of Canadian Vehicles Considered by EPA to Conform
with U.S. Emissions Requirements.
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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.
Restrictions
• None
NOTES:
1. 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) Not Identical to U.S. Version
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
four exemptions.
(a) 21 OP years old or older
The Canadian vehicle is 21 original production (OP) years old or older (OP
years = the calendar year the vehicle was manufactured subtracted from the
calendar year the vehicle was imported) and in original unmodified
configuration. There is no Customs bond required by EPA, nor any written
EPA approval.
Requirements
• Importer must be prepared to demonstrate to U.S. Customs, upon entry,
or to EPA, the vehicle is 21 OP years old or older. Generally, the vehicle's
Canadian registration or title is adequate proof.
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• Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1
declaring 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.
(b) Immigrant, worker or student exemption
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. Written EPA approval is not
required. The immigrant exemption should not be used if the vehicle is
identical to a U.S. version vehicle. All 1988 to 1995 and 1998 to present
model year cars and light-duty trucks (pick-ups and vans under 8500
GVWR) are considered identical by EPA (see "Identical to U.S. Version"
above).
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 "0" from Customs).
• Importer must prove that the vehicle is Canadian by attaching one of the
following to the EPA Form 3520-1:
a. Copy of Canadian registration or title for the vehicle; or
b. 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
c. 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.
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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. will) that the vehicle was obtained from a Canadian resident by
inheritance.
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.
Restrictions
• None
(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 Canadian vehicle
is not identical to U.S. version and is not yet 21 years old, and importer lacks
Canadian immigrant, worker, or student status. Specifically, see Non-U.S.
Version Vehicles subsections:
(2)(b) Hardship exemption
(2)(d) Modified to be identical to U.S. version vehicles
(3) Importation by an ICI
c. Non-U.S. Version Vehicles
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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 under the following sections "(c) Identical to U.S.
Version Vehicles" or "(d) Modified to be Identical to U.S. Version Vehicles", or
under "Identical to U.S. Version" in the "Canadian Vehicles" section.
(1) EPA's Policy
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 Independent
Commercial Importer (ICI), who is a private business in the U.S. that holds a
valid EPA certificate of conformity. The ICI will modify and test the vehicle, as
applicable, to meet the EPA emission requirements.
(2) Importation By an Individual
An individual may import a non-U.S. version vehicle only (1) if the individual
qualifies for an exclusion (see Excluded Vehicles) or
(2) qualifies for and obtains a written letter of exemption
from EPA in which the Federal emission requirements are waived. The vehicle
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may then be imported without a Customs bond required by EPA; however, the
written EPA approval must be obtained before the vehicle is cleared at
Customs.
There are four types of exemptions for non-U.S. version vehicles. 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) 21 YEARS OLD OR OLDER EXEMPTION
The vehicle is 21 original production (OP) years old or older (OP years = the
calendar year the vehicle was manufactured subtracted from the calendar
year the vehicle was imported) 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 age.
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.
(b) HARDSHIP EXEMPTION
The vehicle is imported by an individual under"... unforeseen cases of extreme
hardship or extraordinary circumstances (40 CFR 85.1511(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. No customs bond is required;
however, 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; or
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; or
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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 union loans, credit card balances or other debts,
including for the non-U.S. version vehicle and other consumer products, etc.); or
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 importers name, address, and daytime telephone number.
2. Vehicle information (make, model, model year, VIN), 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.
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 the EPA a approval letter for future
proof of the EPA exemption.
Restrictions
• None
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(c) IDENTICAL TO U.S. VERSION VEHICLES
The vehicle, prior to importation, is identical in all material respects to a
vehicle identified in an original equipment manufacturer's (OEM's)
certification application. No Customs bond is required by EPA. See also
Canadian Vehicles, Identical to U.S. Version)
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, VIN), 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:
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.
Obtaining a letter from the OEM's U.S. representative is the
responsibility of the importer. EPA does not have authority over
manufacturers' non-U.S. version vehicles. Mercedes-Benz and BMW
have indicated that except for their Canadian vehicles, they do not
provide such letters. Other manufacturers have indicated that
comparing foreign market vehicles to U.S. version vehicles is
extremely difficult, or impractical. Failure to obtain such a letter is
not justification for a hardship exemption.
(3) Importation by an ICI
An ICI is an independent commercial importer that is registered with the EPA
Certification and Compliance Division, and who is not the original vehicle
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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 independently 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.
ICI Compliance Requirements
An ICI who imports your nonconforming vehicle is responsible for:
1. Having an applicable certificate of conformity to import your vehicle (or using
your vehicle as a "prototype" to obtain the applicable certificate of conformity).
2. Entering your vehicle through U.S. Customs.
3. Performing all modifications and emission testing, if required, after the vehicle
enters the United States (see" Emissions Testing" paragraph of Introduction
section).
4. Reporting the modifications and testing results, if required, to EPA and
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 (except for that driving necessary to obtain a certificate of
conformity for the vehicle, if the vehicle is being used to obtain a certificate of
conformity).
5. 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.
6. Ensuring that the vehicle contains an emissions label (in the name of the ICI)
and vacuum hose diagram, as well as providing you with prepaid emission
warranties and maintenance instructions for the vehicle (See How to Find the
Vehicle Emissions Label), and
7. 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. Internal Revenue
Service.
Any person or business that desires to become an ICI should become
knowledgeable of the requirements for ICIs (40 CFR Part 85, Subpart P) and of
Certification (40 CFR Part 86), must obtain small volume manufacturer status
and apply for certificates of conformity from the EPA Certification and
Compliance Division in accordance with those requirements.
Vehicles That Must be Imported by an ICI
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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 1986 and imported into the U.S. in
1996 would be ten 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 to import your vehicle and willing to import your
vehicle and that you are prepared to pay the ICI charges. List of
Independent Commercial Importers. Vehicles required to be imported by
ICIs must be entered through Customs by the ICI, not the vehicle owner, and
must not be given to the vehicle owner until after the vehicle has met all EPA
requirements and has been finally admitted by EPA.
There are four types of importations by ICIs. Below are descriptions of each
type and a brief overview of the general requirements.
(a) VEHICLES TWENTY ONE YEARS OLD OR OLDER
Any vehicle twenty one years old or older may be imported by an ICI (as well as
by individuals; see Non-U.S. Version Vehicles "(a) 21 Years Old or Older
Exemption"). Modifications, testing and holding the vehicle for EPA inspection
are not required.
Requirements
• ICI must validate that vehicle is at least 21 years old.
• ICI or owner must file with Customs upon entry, an EPA Form 3520-1 declaring code "E"
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.
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(b) MODIFICATION & TESTING OF VEHICLES 6 OP YEARS OR
OLDER
The vehicle is being imported by an ICI for modification and testing purposes to
comply with Federal emission requirements and is at least 6 OP years or older.
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, including passing the Federal emissions test for every
vehicle.
• ICI must submit Application for Final Admission to EPA and hold vehicle
for 15 Federal working days (or more if required by EPA) after submitting
application.
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.
(c) MODIFICATION & TESTING OF VEHICLES LESS THAN 6 OP
YEARS
The vehicle is being imported by an ICI for modification and emission testing
purposes in order to comply with Federal emission requirements and is less
than 6 OP years old. 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 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
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conformity.
• ICI must Federal emissions test every third vehicle imported under a
certificate of conformity to
demonstrate compliance with Federal emission standards.
• ICI must submit Application for Final Admission to EPA and hold vehicle
for 15 Federal working days (or more if required by EPA) after submitting
application.
Restrictions
• Vehicle must not be driven on public roads or highways (except for that
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.
(d) MODIFICATION TO OEM CERTIFIED VERSION
The vehicle is being imported by an ICI for modification purposes to be identical
to an OEM certified version 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.
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 Application for Final Admission to EPA and hold vehicle
for 15 Federal working days (or more, if required by EPA) after submitting
Application.
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.
NOTES:
1. Regardless of the requirements above being satisfied, a vehicle is not
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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.
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-U.S. version vehicles. Mercedes-Benz and BMW
have indicated that, except for their Canadian vehicles, they do not
provide such letters. Other manufacturers have indicated that
comparing foreign market vehicles to U.S. version vehicles is
extremely difficult, or impractical. Failure to obtain such a letter is
not justification for a hardship exemption.
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SECTION C
ATTACHMENTS
NON-EMISSION REQUIREMENTS
This manual describes only the EPA requirements, that is, only those related to the Federal emissions
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
Service for tariffs, duties, etc.) as well as those of the 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.
Customs
Questions regarding the importation of your vehicle should be directed to the Customs port where your
vehicle will be entered.
Safety
For information on Federal safety requirements contact:
U.S. Department of Transportation
400 7th Street, S.W.
Room 6115
Washington, DC 20590
(202)366-5313
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
Public Affairs Office
1111 Constitution Avenue, N. W.
Washington, DC 20224
(202) 622-4920
State Requirements
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1. 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 will need to comply with California's emission
requirements in addition to the Federal emission requirements. For more information on California's
requirements, contact:
State of California
Air Resources Board
Mobile Source Control Division
9528 Telstar Avenue
El Monte, CA 91731
(818) 575-6858
2. Proof of Federal Emission Compliance
Many State Department of Motor Vehicles (DMVs) require documentation indicating that Federal
emission requirements have been met and proof of ownership 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, and
b. for vehicles entered by ICIs, a verification letter from EPA which states that all applicable emission
requirements have been met. To obtain such a letter, call (202) 564-9660.
c. for vehicles granted prior approval or exemption, a copy of the EPA letter of Prior Approval or
exemption.
3. 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 "Gas Guzzler Tax").
4. 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 or 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 "Emissions Testing"
paragraph of Introduction section ).
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HOW TO FIND THE VEHICLE EMISSIONS LABEL
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 compliance with EPA
emission regulations.
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 (HEW) 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 on the frame.
HEAVY DUTY VEHICLES AND ENGINES
Heavy-duty vehicles or engines will have an EPA emissions label on the block of the engine.
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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:
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Telephone: (202) 564-9660,
8:30am-4:30pm Eastern U.S. time, Monday-Friday
Fax: (202) 565-2057, 24 hours every day
Regular, certified or registered mail at:
U.S. Environmental Protection Agency
Certification and Compliance Division,
Imports Program (6405J)
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
For delivery by a courier service
(e.g., Federal Express, Airborne, etc.) only,
use the following address:
U.S. Environmental Protection Agency
Certification and Compliance Division,
Imports Program (6405J)
5013rd Street, N.W.
Washington, D.C. 20001
When calling EPA concerning a particular vehicle, please have ready the make, model, model year and
vehicle identification number (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 which you should keep a copy for your
records). When writing or faxing to EPA, include this information, plus a telephone number (with area
code) where you can be reached during the day.
The Environmental Protection Agency has installed an automated information and faxback system on
(202) 564-9660 to improve our service to the public. The information installed in that system is the same
information that is contained in this manual. If you reach the automated system, but have questions this
manual does not answer, the automated system will allow you to speak to one of EPA's Imports
Specialists. You should dial (202) 564-9660 (between the hours of 8:30am-4:30pm Eastern U.S. time
Monday through Friday) and select the option for importation issues. You may than select the option to
speak to one of the EPA Imports Specialists. However, due to EPAs limited operating budget, you should
be prepared for busy lines and times for which no Imports Specialists are available. In such a case, EPA
suggests that you fax your requests to (202) 565-2057.
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