§ 12.74 - Importation of nonroad and stationary engines, vehicles, and equipment.

§ 12.74 Nonroad and stationary engine compliance with Federal antipollution emission requirements.

Cross Reference

Link to an amendment published at 81 FR 94979, Dec. 27, 2016.

Cross Reference

This amendment was delayed until Mar. 21, 2017, at 82 FR 8589, Jan. 27, 2017.

Importation of nonroad and stationary engines, vehicles, and equipment.

(a) Applicability of EPA regulations. The requirements governing the importation of nonroad and stationary engines subject to conformance with applicable emissions emission 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.). 40 CFR parts 1033 through 1068. These EPA regulations should be consulted for detailed information as to the admission requirements for subject nonroad and stationary engines. See 40 CFR part 1068, subpart D, with the following exceptions:

(1) For nonroad compression-ignition regulated under 40 CFR part 89, see 40 CFR part 89, subpart G. This applies to certain engines through the 2011 model year.

(2) For nonroad spark-ignition engines at or below 19 kilowatts regulated under 40 CFR part 90, see 40 CFR part 90, subpart G. This applies to certain engines through the 2011 model year.

(3) For marine compression-ignition engines regulated under 40 CFR part 94, see 40 CFR part 94, subpart I. This includes propulsion engines and auxiliary engines installed on marine vessels. This applies to certain engines through the 2013 model year.

(b) Admission of nonconforming nonroad engines -

(1) EPA declaration form required. EPA Form 3520-21

EPA emission regulations also apply to vehicles and equipment with installed engines and all references in this section to nonroad or stationary engines include the vehicles and equipment in which the engines are installed. Nothing in this section may be construed as limiting or changing in any way the applicability of the EPA regulations.

(b) Documentation requirements —

(1) Exception for certain companies that manufacture and import nonroad or stationary engines, including engines incorporated into vehicles and equipment. The special documentation requirements of this paragraph (b) do not apply to the importation of nonroad or stationary engines, including engines incorporated into vehicles or equipment, by the company that manufactures the engines, provided that the engines are covered by a valid EPA Certificate of Conformity (COC) held by the importing manufacturer and bear the manufacturer's label showing such conformity and other EPA-required information.

(2) Release. CBP will not release engines, vehicles, or equipment from custody unless the importer has submitted all required documents to demonstrate that the engines, vehicles, or equipment meet all applicable requirements.

(3) Required EPA documentation. Importers of nonroad or stationary engines, including engines incorporated into vehicles and equipment, must submit EPA Declaration Form 3520–21, “Importation of Engines, Vehicles, and Equipment 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 or stationary engines/vehicles/equipment. (2) Retention and submission of records to CBP.

Regulations,” to CBP at the time of entry, or when filing a weekly entry from an FTZ in accordance with § 146.63(c)(1) of this chapter at the time of entry summary.

(4) Filing method. EPA Declaration Form 3520–21 may be filed with CBP electronically in the Automated Commercial Environment (ACE) or via any other CBP-authorized electronic data interchange system, or as a paper filing, at the time of entry, or when filing a weekly entry from an FTZ in accordance with § 146.63(c)(1) of this chapter at the time of entry summary.

(5) Recordkeeping. Documents supporting the information required in

the

EPA

declaration

Declaration Form 3520–21 must be retained by the importer for a period of at least five (5) years in accordance with § 163.4 of this chapter and

shall

must be provided to CBP upon request.

(c) Release under bond - —

(1) Conditional admission. If the EPA declaration form states that the entry for a nonconforming nonroad engine is being filed under one of the exemptions described in paragraph (c)(3) of this section, under which the engine must may be conditionally admitted under bond, the entry for such engine shall will be accepted only if the importer, consignee, or surety, as appropriate, files a bond is given on CBP Form 301 basic importation and entry bond containing the bond 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(c) of this chapter, or files electronically in ACE or via any other CBP-authorized electronic data interchange system.

(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 paragraph (c)(3) of this section, the importer or consignee shall must deliver to the port director the prescribed statement. The statement shall must be delivered within the period authorized by EPA for the specific exemption, or such additional period as the port director of CBP may allow for good cause shown. Otherwise, the importer or consignee shall must deliver or cause to be delivered to the port director the subject engine, either for export or other disposition under applicable CBP laws and regulations (see paragraph (e) of this section). If such engine is not redelivered within five (5) days following the allotted period, liquidated damages shall will 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 assessed under a single entry bond (see 40 CFR 891068.612(d335), 90. 613

(

c) and (d), 94.805(c) and (d), and 1068.335).

(3) Exemptions. 3) Exemptions. EPA regulations in 40 CFR parts 60 and 1033 through 1068 allow for exempting or excluding imported engines from certification requirements (see especially 40 CFR part 1068, subpart D). The specific exemptions under which a nonconforming nonroad engine may be conditionally admitted, and for which a CBP bond is required, are as follows:

(i) Repairs or alterations (see 40 CFR 89.611(b)(1), 90.612(b)(1), 94.804(b)(1), 1068.325(a)).

(ii) Testing (see 40 CFR 891068.611325(b)(2), 90. 612

(

b

iii)

(2), 94.804(b)(2),

Display (see 40 CFR 1068.325(c)).

(iv) Export (see 40 CFR 1068.325(

b

d)).

(

iii

v)

Display

Diplomatic or military (see 40 CFR

89

1068.

611

325(

b

e)

(4

)

, 90

.

612

(

b

vi)

(3), 94.804(b)(4),

Delegated assembly (see 40 CFR 1068.325(

c

f)).

(

iv) Precertification

vii) Partially complete engines, vehicles, or equipment (see 40 CFR

89

1068.

611

325(

b

g)

(3

)

)

.

(d) Notice of inadmissibility or detention. If an engine is found to be inadmissible either before or after release from CBP custody, the importer or consignee shall will 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 issuedIf the inadmissibility is due to the fact that the importer or consignee did not file the EPA Declaration Form 3520–21 at the time of entry, or when filing a weekly entry from an FTZ in accordance with § 146.63(c)(1) of this chapter at the time of entry summary, the port director may hold the subject engine in detention at the importer's risk and expense for up to 30 days from the entry filing date. The port director may grant the importer's request for a 30-day extension for good cause. The port director will issue a notice of inadmissibility if documentation is still incomplete after this deadline, which must not exceed 60 days from the filing date for importation.

(e) Disposal of engines not entitled to admission; prohibited importations. A nonroad or stationary engine denied admission under EPA regulations shall must be disposed of consistent with such EPA regulations and in accordance with applicable CBP laws and regulations. The importation of nonroad or stationary engines other than as prescribed under EPA regulations is prohibited.

[T.D. 98-5098–50, 63 FR 29122, May 28, 1998, as amended by T.D. 01-1401–14, 66 FR 8767, Feb. 2, 2001; CBP Dec. 10-2910–29, 75 FR 52451, Aug. 26, 2010; CBP Dec. 16-29, 81 FR 94979, Dec. 27, 2016]