Importing into the United States - Indo-American Chamber Of ...

400 Seventh Street SW, Washington, DC 20590
Tel. 1.800.424.9393.
The Clean Air Act, as amended, prohibits the
importation of any motor vehicle or motor
vehicle engine not in conformity with emission
requirements prescribed by the U.S. Environmental
Protection Agency (EPA). This restriction
applies whether the motor vehicle or
motor vehicle engine is new or used, and
whether it was originally produced for sale and
use in a foreign country or originally produced
(or later modified) to conform to EPA requirements
for sale or use in the United States. In
addition to passenger cars, all trucks, multipurpose
vehicles (e.g., all-terrain vehicles,
campers), motorcycles, etc., that are capable of
being registered by a state for use on public
roads or that the EPA has deemed capable of
being driven safely on public roads, are subject
to these requirements. The term “vehicle” is
used below to include all EPA-regulated vehicles
and engines.
Nonroad Engine Imports.
In accordance with the Clean Air Act and
implementing regulations (40 CFR Parts 89, 90
and 91), the Environmental Protection Agency
(EPA) began regulating certain nonroad diesel
and gasoline engines, requiring that they meet
federal emission standards beginning January
1, 1996.
“Nonroad,” also referred to as “off-road”
or “off-highway,” is a term that covers a
diverse group of engines and equipment. The
nonroad category includes lawn and garden
equipment, outdoor power equipment, recreational
equipment, farm equipment, construction
equipment, marine engines, and locomotives.
Prior to importation into the United States,
regulated nonroad engines must be covered by
an EPA-issued Certificate of Conformity. The
certificate is issued by EPA to the engine manufacturer
which declares that the engine family
named on the certificate conforms with all
applicable emissions standards and other
requirements. It also permits the manufacturer
to sell, offer for sale, introduce into commerce,
or import into the United States, the named
engine family. Certificates are issued for only
one model year at a time. A label, confirming
that the engine meets emission standards, must
be affixed to the engine and be readily visible.
Upon request, an importer must provide
an EPA Form 3520-1 to Customs at the time of
entry into the United States. This form must
contain the following information about the
engine: model, model number, serial number,
horsepower, build date, and manufacturer. It
must also include a description of the equipment/vehicle
containing the engine, including
the equipment manufacturer, equipment serial
number, and the location of the EPA emissions
label and engine serial number.
To obtain additional information and specific
guidelines regarding the importation of
nonroad engines subject to the EPA emissions
standards, please refer to EPA’s Web site at
www.epa.gov/oeca/ore/enfalert, entitled
Enforcement Alert. To obtain technical assistance,
please contact the Office of Regulatory
Enforcement, Air Enforcement Division, at Tel.
202.564.8673 or 202.564.1019.
U.S.-Version Vehicles: Any person may import
U.S.-version vehicles. All such 1971 and later
models are required to have a label in a readily visible
position in the engine compartment stating that
the vehicle conforms to U.S. requirements. This
label will read “Vehicle Emission Control Information”
and will have a statement by the manufacturer
that the vehicle meets U.S. EPA emission
requirements at the time of manufacture. If
this label is not present, the importer should
obtain a letter of conformity from the manufacturer’s
United States representative—not from
a dealership—prior to importation.
Non-U.S.-Version Vehicles: Individuals are not
permitted to import non-U.S.-version vehicles
(unless otherwise excluded or exempted; see
next sections). These vehicles must be imported
(entered) by an Independent Commercial
Importer (ICI) having a currently valid qualifying
Certificate of Conformity for each vehicle
being imported. The ICI will be responsible for
performing all necessary modifications, testing
and labeling, as well as providing an emissions
warranty identical to the emissions warranty
required of new vehicles sold in the U.S.
A list of approved ICIs is available from
the EPA. Vehicles at least 21 years old are
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