19 C.F.R. § 12.74 Nonroad engine compliance with Federal antipollution emission requirements.
Title 19 - Customs Duties
(a) Applicability of EPA regulations. The requirements governing the importation of nonroad engines subject to conformance with applicable emissions standards of the U.S. Environmental Protection Agency (EPA) are contained in EPA regulations, issued under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). These EPA regulations should be consulted for detailed information as to the admission requirements for subject nonroad engines, as follows: (1) For nonroad compression-ignition engines at or above 37 kilowatts, see 40 CFR part 89, subpart G; (2) For nonroad spark-ignition engines at or below 19 kilowatts, see 40 CFR part 90, subpart G; and (3) For marine spark-ignition engines, see 40 CFR part 91, subpart H. (b) Admission of nonconforming nonroad engines—(1) EPA declaration required. EPA Form 3520–21, “Importation of Nonroad Engines and Nonroad Engines Incorporated Into Nonroad Equipment or Vehicles, Subject to Federal Air Pollution Regulations”, must be completed by the importer and retained on file by him before making a customs entry for such nonroad engines/equipment/vehicles. (2) Retention and submission of records to Customs. Documents supporting the information required in the EPA declaration must be retained by the importer for a period of at least 5 years in accordance with §163.4 of this chapter and shall be provided to Customs upon request. (c) Release under bond—(1) Conditional admission. If the EPA declaration states that the entry for a nonconforming nonroad engine is being filed under one of the exemptions described in paragraphs (c)(3)(i) through (c)(3)(iv) of this section, under which the engine must be conditionally admitted under bond, the entry for such engine shall be accepted only if a bond is given on Customs Form 301 containing the conditions set forth in §113.62 of this chapter for the presentation of an EPA statement that the engine has been brought into conformity with Federal emissions requirements. (2) Final admission. Should final admission be sought and granted pursuant to EPA regulations for an engine conditionally admitted initially under one of the exemptions described in paragraphs (c)(3)(i) through (c)(3)(iv) of this section, the importer or consignee shall deliver to the port director the prescribed statement. The statement shall be delivered within the period authorized by EPA for the specific exemption, or such additional period as the port director of Customs may allow for good cause shown. Otherwise, the importer or consignee shall deliver or cause to be delivered to the port director the subject engine, either for export or other disposition under applicable Customs laws and regulations (see paragraph (e) of this section). If such engine is not redelivered within 5 days following the allotted period, liquidated damages shall be assessed in the full amount of the bond, if a single entry bond, or if a continuous bond, the amount that would have been taken under a single entry bond (see 40 CFR 89.612–96(d), 90.613(c) & (d), 91.705(c) & (d)). (3) Exemptions. The specific exemptions under which a nonconforming nonroad engine may be conditionally admitted, and for which a Customs bond is required, are as follows: (i) Repairs or alterations (see 40 CFR 89.611–96(b)(1), 90.612(b)(1), 91.704(b)(1)); (ii) Testing (see 40 CFR 89.611–96(b)(2), 90.612(b)(2), 91.704(b)(2)); (iii) Precertification (see 40 CFR 89.611–96(b)(3), 89.906); and (iv) Display (see 40 CFR 89.611–96(b)(4), 90.612(b)(3), 91.704(b)(3)). (d) Notice of inadmissibility or detention. If an engine is found to be inadmissible either before or after release from Customs custody, the importer or consignee shall be notified in writing of the inadmissibility determination and/or redelivery requirement. However, an engine which cannot be released merely due to a failure to furnish with the entry any documentary information as required by EPA shall be held in detention by the port director for a period not to exceed 30 days after filing of the entry at the risk and expense of the importer pending submission of the missing information. An additional 30-day extension may be granted by the port director upon application for good cause shown. If at the expiration of a period not over 60 days the required documentation has not been filed, a notice of inadmissibility will be issued. (e) Disposal of engines not entitled to admission; prohibited importations. A nonroad engine denied admission under EPA regulations shall be disposed of consistent with such EPA regulations and in accordance with applicable Customs laws and regulations. The importation of nonroad engines otherwise than as prescribed under EPA regulations is prohibited. [T.D. 98–50, 63 FR 29122, May 28, 1998, as amended by T.D. 01–14, 66 FR 8767, Feb. 2, 2001]
Title 19: Customs Duties
PART 12—SPECIAL CLASSES OF MERCHANDISE
Entry of Motor Vehicles, Motor Vehicle Engines and Nonroad Engines Under the Clean Air Act, as Amended
§ 12.74 Nonroad engine compliance with Federal antipollution emission requirements.
