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Imported motor vehicles are subject
to U.S. safety standards, bumper standards, and air pollution control
(emission) standards. Most vehicles manufactured abroad that conform
with U.S. safety, bumper, and emission standards are exported expressly
for sale in the United States; therefore, it is unlikely that a
vehicle obtained abroad meets all relevant standards. Be skeptical
of claims by a foreign dealer or other seller that a vehicle meets
these standards or can readily be brought into compliance. Nonconforming
vehicles entering the United States must be brought into compliance,
exported, or destroyed.
NOTE: lmports from certain countries, or that involve the governments of those countries, may be prohibited. See Prohibited
Imports
for more information.
CONTENTS:
Prior Arrangements
The owner must make arrangements for
shipping a vehicle. Have your shipper or carrier notify you of the
vehicle's arrival date so that Customs can clear it. Shipments are
cleared at the first port of entry unless you arrange for a freight
forwarder abroad to have the vehicle sent in bond to a Customs port
more convenient to you.
Customs officers are prohibited by
law from acting as agents or making entries for an importer. However,
you may employ a commercial customs broker to handle your entry.
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Documentation
For Customs clearance you will need
the shipper's or carrier's original bill of lading, the bill of
sale, foreign registration, and any other documents covering the
vehicle. You will also be required to complete EPA form 3520-1 and DOT form HS-7, declaring the emissions and safety provisions under which the vehicle is being imported. Vehicles that meet all U.S. emission requirements will bear manufacturer’s label on the engine compartment in English, attesting to that fact. For vehicles that lack such a label, the Customs inspector at the port of entry may require proof of eligibility to import under the EPA exemptions or exclusions specified on form 3520-1.
Vehicles that do not meet all U.S. emission requirements, unless eligible for exemption or exclusion must be imported through an independent commercial importer (ICI). EPA will not allow the vehicles’ release to the vehicle owner until ICI work is complete. The ICI will perform any EPA-required modifications and be responsible for assuring that all EPA requirements have been met. Some vehicles cannot be successfully imported or modified by an ICI, however, and in general, ICI fees are very high.
See below for Department of Transportation
(DOT) requirements and for
driver's
license and tag requirements.
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Cleaning
the Undercarriage
To safeguard against importation of
dangerous pests, the U.S. Department of Agriculture requires that
the undercarriage of imported cars be free of foreign soil. Have
your car steam-sprayed or cleaned thoroughly before shipment.
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Your
Car is Not a Shipping Container
For your own safety, security, and
convenience, DO NOT use your car as a container for personal
belongings.
- Your possessions are susceptible
to theft while the vehicle is on the loading and unloading docks
and in transit.
- Many shippers and carriers will
not accept your vehicle if it contains personal belongings.
- The entire contents of your car
must be declared to Customs on entry. Failure to do so can result
in a fine or seizure of the car and its contents.
- Your vehicle may be subject to seizure,
and you may incur a personal penalty, if anyone uses it as a conveyance
for illegal narcotics.
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Dutiable
Entry
Foreign-made vehicles imported into
the U.S., whether new or used, either for personal use or for sale,
are generally dutiable at the following rates:
Autos. . . .
. . . . . . . . . . . 2.5%
Trucks . . . . . . . . . . . . . . 25%
Motorcycles. . . . . . . . . . either fee or 2.4% |
Duty rates are based
on price paid or payable. Most Canadian-made vehicles are duty-free.
As a returning U.S. resident, you may
apply your $400 Customs exemption and those of accompanying family
members toward the value of the vehicle if it:
- Accompanies you on your return;
- Is imported for personal use; and
- Was acquired during the journey
from which you are returning.
For Customs purposes, a returning U.S.
resident is one who is returning from travel, work, or study abroad.
After the exemption has been applied, a flat duty rate of 10% is
applied toward the next $ 1,000 of the vehicle's value. The remaining
amount is dutiable at the regular duty rate.
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Free
Entry
NONRESIDENTS may import a vehicle duty-free
for personal use up to one (1) year if the vehicle is imported in conjunction with
the owner's arrival. Vehicles imported under this provision that do not conform to U.S. safety and emission standards must be exported within one year and may not be sold in the U.S. There is no exemption or extension of the export requirements.
U.S. CITIZENS employed abroad or government
employees returning on TDY or voluntary leave may import a foreign
made car free of duty provided they enter the U.S. for a short visit,
claim nonresident status, and export the vehicle when they leave.
MILITARY AND CIVILIAN EMPLOYEES of
the U.S. government returning at the end of an assignment to extended
duty outside the customs territory of the U.S. may include a conforming
vehicle among their duty-free personal and household effects. The
auto must have been purchased abroad and be in its owner's possession
prior to departure. Generally, extended duty is 140 days or more.
Navy personnel serving aboard a U.S. naval vessel or a supporting
naval vessel from its departure from the U.S. to its return after
an intended overseas deployment of 120 days or more are entitled
to the extended duty exemption Conforming vehicles imported under the duty-free exemption are dutiable if sold within one year of importation. Duty must be paid at the most convenient Customs office before the sale is completed. Conforming vehicles so imported may
remain in the U.S. indefinitely once a formal entry is made for
EPA purposes. (See below, "Emission
Standards.")
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Cars Imported
for Other Purposes
Nonresidents may import an automobile
or motorcycle and its usual equipment free of duty for a temporary
stay to take part in races or other specific purposes. However,
prior written approval from the Environmental Protection Agency
(EPA) is required and such approval is granted only to those racing
vehicles that EPA deems not capable of safe or practical use on
streets and highways. If the contests are for other than money purposes,
the vehicle may be admitted for 90 days without formal entry or
bond if the Customs officer is satisfied as to the importer's identity
and good faith. The vehicle becomes subject to forfeiture if it
is not exported or if a bond is not given within 90 days of its
importation. Prior written approval must be obtained from DOT. A vehicle may be temporarily imported for testing, demonstration, or racing purposes. A vehicle may be permanently imported for show or display. Written approval from DOT is required and should be obtained before the vehicle is exported from the foreign country to the U.S. Information on how to import a vehicle under show or display is available at DOT’s NHTSA Vehicle Importation Regulations website. A vehicle permanently imported for show and display must comply with all U.S. emission requirements as well, and in general must be imported through an EPA-authorized ICI for modification and testing. EPA will not allow the vehicle to be released to its owner until ICI work is complete.
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Safety, Bumper,
and Theft Prevention Standards
Importers of motor vehicles must file form DOT HS-7 (this link is a .pdf
file; click here for free download software) at the time of vehicle is imported to declare whether the vehicle complies with DOT requirements. As a general rule, motor vehicles less than 25 years old must comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS) in order to be imported permanently into the United States. Vehicles manufactured after September 1, 1978, must also meet the bumper standard, and vehicles beginning with model year 1987 must meet the theft-prevention standard.
Vehicles manufactured to meet these standards will have a certification label affixed by the original manufacturer near the driver’s side door. If you purchase a vehicle abroad that is certified to U.S. standards, you may expedite your importation by making sure the sales contract identifies this fact and by presenting the contract to U.S. Customs at the time of importation.
A vehicle must be imported as a nonconforming vehicle unless it bears the manufacturer’s label certifying that it meets U.S. standards. If it is a nonconforming vehicle, the importer must contract with a DOT-registered importer (RI) to modify the vehicle and certify that it conforms to all applicable FMVSS. The importer must also post a DOT bond for one and a half times the vehicle’s dutiable value. This bond is in addition to the normal Customs entry bond. Copies of the DOT bond and the contract with the RI must be attached to the HS-7 form.
Before a RI can modify your vehicle, however, it must first be determined whether the vehicle is capable of being modified to comply with the FMVSS. If a vehicle has not previously been determined to be eligible for importation, it must go through a petition process to determine whether it’s capable of being modified for such compliance. If the vehicle under petition is not similar to one sold in the United States, the process of bringing it into compliance becomes very complex and costly. A list of vehicles that have already been determined to be capable of being modified to comply with the FMVSS may be obtained from a RI or from NHTSA’s website (look for file: List of Nonconforming Motor Vehicles that are Eligible for Importation).
The cost of modifying a nonconforming vehicle and the time required to bring it into conformance may affect your decision to purchase a vehicle abroad. NHTSA strongly recommends discussing these aspects with a RI before buying and shipping a vehicle purchased overseas.
For additional information or
details on these requirements, see DOT's National Highway Traffic
Safety Administration website,
or call 1-800-424-9393 or fax (202) 366-1024, or write: U.S. Department
of Transportation, National Highway Traffic Safety Administration
(NSA-32), 400
7th Street SW, Washington, DC 20590.
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Federal
Tax
Certain imported automobiles may be
subject to the "gas-guzzler" tax. The amount of the tax
is based on a combined urban/highway fuel-economy (miles per gallon)
rating assigned by the EPA for gas-guzzler tax purposes. This EPA
rating may be different from fuel-economy ratings indicated by the
manufacturer.
If the EPA has not assigned a gas-guzzler
fuel-economy rating for the model automobile you import, a rating
must be independently determined. No tax is imposed on automobiles
that have a combined fuel-economy rating of at least 22.5 miles
per gallon.
Additional information may be
obtained from your local district office
of the Internal Revenue Service.
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Emission
Standards
The following passenger cars, light-duty
trucks, heavy-duty engines and motorcycles are subject to Federal
emission standards:
- Gasoline-fueled cars and light-duty
trucks originally manufactured after December 31, 1967.
- Diesel-fueled cars originally manufactured
after December 31, 1974.
- Diesel-fueled light-duty trucks
originally manufactured after December 31, 1975.
- Heavy-duty engines originally manufactured
after December 31, 1969.
- Motorcycles with a displacement
of more than 49 cubic centimeters originally manufactured after
December 31, 1977.
Vehicles must be certified to U.S. federal emission standards by their manufacturers for sale in the U.S. Vehicles that do not meet these requirements are considered nonconforming. A currently certified ICI, a list of which is available from the EPA, must import Nonconforming vehicles for you. The only EPA-authorized ICIs are located in the U.S. It is therefore recommended that you contact an ICI to discuss costs for modification and testing before you decide to import a nonconforming vehicle. The ICI will be responsible for assuring that your car complies with all U.S. emission requirements. (As of July 1, 1998, EPA no longer has the one-time exemption for vehicles five or more model-years old.) Be aware that EPA will deny entry to certain makers, models, and model year if an ICI is not certified or is unwilling to accept responsibility for the vehicle(s) in question.
For additional information on EPA requirements for importing motor vehicles,
see the EPA's Automotive Imports Facts Manual. You may also inquire about emission control requirements, or on ICIs, from the U.S. EPA Vehicle Programs and Compliance Division/Imports at (202) 564-9660, fax (202) 565-2057.
Individual state emission requirements may differ from those of the federal government. Proper registration of a vehicle in a state may depend upon satisfaction of its requirements, so you should contact the appropriate state authorities prior to importation. Be aware, however, that EPA will not accept compliance with a state’s emission requirements as satisfying EPA’s requirements.
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A Word of Caution
Both the Department of Transportation
(DOT) and the Environmental Protection Agency (EPA) advise that
although a nonconforming car may be conditionally admitted, the
modifications required to bring it into compliance may be so extensive
and costly that it may be impractical and even impossible to achieve
such compliance. Moreover, some vehicle models are prohibited from
importation. It is highly recommended that these prohibitions and
modifications be investigated before a vehicle is purchased for
importation.
Re-Importing A Previously Exported Vehicle
A vehicle taken from the United States for non-commercial, private use may be returned duty free by proving to U.S. Customs that it was previously owned and registered in the United States. This proof may be a state-issued registration card for the automobile or a bill of sale for the car from a U.S. dealer. Repairs or accessories acquired abroad for your vehicle must be declared on your return and may be subject to duty.
In some countries, it will be difficult or impossible to obtain unleaded fuel for your vehicle. If the vehicle is driven using leaded gasoline, it will be necessary for you to replace the catalyst and oxygen sensor upon its return to the U.S. To avoid the expense of replacing these parts you may obtain authorization from EPA to remove the catalyst and oxygen sensor before the vehicle is shipped overseas. The EPA telephone number for these authorizations is (202) 564-2418. When the vehicle returns to the U.S., the original catalyst and oxygen sensor will need to be reinstalled. However, you may now reenter your U.S. version vehicle into the U.S. without bond, upon your assurance that you will have the reinstallation performed.
Using Conveyances to Transporting Goods of a Commercial/Personal Nature
Goods of a commercial nature that are being transported in a privately owned conveyance will require the purchase of a user fee decal and the payment of duty may be required.
Goods being transported for personal use within a privately owned vehicle do not require the purchase of this decal. However, the payment of duty may be required.
Rental vehicles may be used to transport personal goods without the purchase of a decal if the driver has not been paid to operate the vehicle.
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Exceptions
The following vehicles need not conform
to emission or safety requirements but may NOT be sold in the U.S.
and may require EPA and DOT declarations:
- Those imported by nonresidents for
personal use not exceeding one year. The vehicle must be exported
at the end of that year -- there are no exceptions or extensions.
- Those belonging to members of foreign
armed forces, foreign diplomatic personnel, and members of public
international organizations on assignment in the U.S. for whom
free entry has been authorized by the Department of State.
- Those temporarily imported for research,
demonstration, or competition, provided they are not licensed
for use, or driven, on public roads. Parties responsible for such
vehicles must submit proper documents (forms EPA 3520-1
and DOT HS-7) to Customs at the time entry is made. Also, applicable
written approvals from these agencies must be obtained in advance
and presented to Customs along with these forms. Remember, the
cost to return vehicles that have been refused prior approval
can be very high and must be borne by the vehicle's owner(s).
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Driver's
Plates and Permits
Imported cars should bear the International
Registration Marker. The International Driving Permit, issued in
five languages, is a valuable asset. Consult an international automobile
federation or your local automobile club about these documents.
- FOREIGN NATIONALS employed in the
U.S. may use their foreign license tags from the port of entry
to their destination in the U.S.
- NATIONALS OF CENTRAL AND SOUTH AMERICAN
countries that have ratified the Inter-American Convention of
1943 may drive their cars in the U.S. for touring purposes for
one year or the validity of the documents, whichever is shorter,
without U.S. license plates or U.S. driver's permits, provided
the car carries the International Registration Marker and registration
card, and the driver has the International Driving Permit.
- MOTORISTS VISITING THE UNITED STATES
as tourists from countries that have ratified the Convention on
International Road Traffic of 1949 may drive in the U.S. for one
year with their own national Iicense plates (registration tags)
on their cars and with their own personal driver's licenses.
- MOTORISTS FROM CANADA AND MEXICO
are permitted to tour in the U.S. without U.S. license plates
or U.S. driver's permits, under agreements between the United
States and these countries.
- MOTORISTS FROM A COUNTRY NOT A PARTY
to any of the above agreements must secure a driving permit in
the U.S. after taking an examination.
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Prohibited
Imports
lmports from certain countries, or that involve the governments of those countries,
may be prohibited pursuant to regulations issued by the Treasury
Department's Office of Foreign Assets Control
(OFAC). Prior to any attempt to make such an import,
information concerning the prohibitions and licensing policy should
be obtained by calling (202) 622-2500, faxing (202) 622-1657, or
writing: Director, Office of Foreign Assets Control, U.S. Department
of the Treasury, 2nd Floor ANX, 1500 Pennsylvania Avenue, N.W.,
Washington, D.C. 20220.
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HELP!
All regulations of Customs and other
agencies are not covered in full, and they are subject to change.
Before importing your vehicle, be sure to contact the Customs
Attaché or Commercial Officer at your
nearest U.S. Consulate or Embassy, or the appropriate agency below
(particularly DOT and EPA):
Customs Service
If you are outside
the United States, contact the Customs Attaché or Commercial
Officer at your
nearest U.S. Consulate or Embassy.
U.S. Customs Service
Customer Service Center
Telephone (703) 526-4200
http://www.cbp.gov
Department of Transportation
(DOT)
DOT's
National Highway Traffic Safety Administration website
Telephone (Vehicle Hotline): 1-800-424-9393 (or 202-366-5313)
Fax: (202) 366-1024
U.S. Department of Transportation
National Highway Traffic Safety
Administration (NSA-32)
400 7th Street SW
Washington, DC 20590
Environmental Protection
Agency (EPA)
EPA
Office of Transportation and Air Quality
Telephone (Imports Hotline): 202-564-9240
Faxback System: 202-564-9660
Fax: (202) 565-2057
U.S. Environmental Protection Agency
Ariel Rios Building, Manufacturer Operations Division (6405-J)
Investigation/Import Section
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Internal Revenue Service (IRS)
Find your local IRS office at this
website
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