Overview of EPA Import 

Requirements for Vehicles 

and Engines 

Office of Transportation and Air Quality 

EPA-420-B-11-015 

March 2011 
 

 

 

 

 

 

Overview of EPA Import Requirements 


for Vehicles and Engines
 

Compliance and Innovative Strategies Division 

Office of Transportation and Air Quality 

U.S. Environmental Protection Agency 

U. S. Environmental Protection Agency 


Requirements Only
 

DISCLAIMER: 

This overview 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 Overview and/or the more detailed 

Procedures for Importing Vehicles and Engines into the United States when 

importing motor vehicles. 

EPA-420-B-11-015 

March 2011 
 

 

 

 

 

 

 

 

Table of Contents 

Page 

Section 1: Permanent Importations of Vehicles and Engines................................................ 1
 

1.1 U.S. Version Vehicles........................................................................................................ 1
 

1.1.1 What is a U.S. Version Vehicle? .............................................................................. 1
 

1.1.2 Exporting a U.S. Version Vehicle............................................................................. 2
 

1.1.3 EPA Requirements for Importing a U.S. Version Vehicle ....................................... 2
 

1.1.3.1 U.S. Version Vehicles -- Modified or Altered................................................. 2
 

1.1.3.2 U.S. Version Vehicles -- Not Modified or Altered.......................................... 2
 

1.1.3.3 Bonded Entries................................................................................................. 3
 

1.2 Canadian Version Vehicles................................................................................................ 3
 

1.2.1 What is a Canadian Version Vehicle? ...................................................................... 3
 

1.2.2 Canadian Version Vehicles -- Identical to U.S. Version .......................................... 3
 

1.2.3 Canadian Version Vehicles -- For Use by Immigrants, Workers, and Students....... 4
 

1.2.4 Canadian Version Vehicles -- Received by Inheritance ........................................... 4
 

1.2.5 Canadian Version Vehicles -- Other Exemptions..................................................... 4
 

1.3 Non-U.S. Version Vehicles................................................................................................ 5
 

1.3.1 What is a non-U.S. version vehicle?......................................................................... 5
 

1.3.2 Permanent Exemptions ............................................................................................. 5
 

1.3.2.1 Vehicles Identical to U.S. Versions ................................................................. 5
 

1.3.2.2 Vehicles Modified to be Identical to U.S. Versions ........................................ 6
 

1.3.2.3 Importation by an ICI....................................................................................... 6
 

1.4 Nonroad or Heavy-Duty Highway Engines....................................................................... 6
 

1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines................... 7
 

1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines........................... 7
 

1.4.3 Excluded Engines...................................................................................................... 7
 

Section 2: Temporary Importations........................................................................................... 9
 

2.1 Repair or Alteration ........................................................................................................... 9
 

2.2 Display ............................................................................................................................... 9
 

2.3 Testing................................................................................................................................ 9
 

2.4 Diplomats or Foreign Military......................................................................................... 10
 

2.5 Nonresident...................................................................................................................... 10
 

2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports ....................................... 11
 

Table of Contents Page i
 
 

 

 

 

 

Section 3: Exclusions.................................................................................................................. 13
 

3.1 Vehicles at Least 21 Years Old........................................................................................ 13
 

3.2 Engines Not in a Vehicle or Chassis................................................................................ 13
 

3.3 Racing Vehicles ............................................................................................................... 14
 

3.4 Unregulated Fuel Vehicles............................................................................................... 14
 

Section 4: Motor Vehicle Deffinition........................................................................................ 16
 

4.1 Application of section 216(2)........................................................................16
 

4.2 Off-Road/Recreational Vehicles....................................................................................... 17
 

4.3 Imported Used Japanese Mini-trucks and Vans............................................................... 18
 

Table of Contents Page ii 
 

 

Quick Overview of Vehicle and Engine Import Requirements 

Introduction 

This overview outlines EPA requirements for importing a motor vehicle or engine into 

the United States, and is organized by the type of vehicle or engine to be imported. The 

Overview also describes requirements for vehicles 

which are modified for export, and later returned 

to the U.S. For a broader understanding of EPA 

requirements, see the Automotive Imports Facts 

Manual. 

EPA Standard Form 3520-1 must be 

submitted to the U.S. Customs Service to import 

passenger vehicles, highway motorcycles, and the 

corresponding engines into the United States. 

Importation of nonroad engines and heavy-duty 

highway engines requires EPA Standard Form 

3520-21. 

Section 1:	 Permanent Importations of 

Vehicles and Engines 

1.1 U.S. Version Vehicles 

1.1.1 What is a U.S. Version Vehicle? 

A U.S. version vehicle is manufactured in 

conformity with federal emission requirements. 

The manufacturer attaches a label in the engine 

compartment that states, in English, that the 

vehicle conforms to all EPA regulations. A 

vehicle lacking the EPA emission compliance 

label is considered non-complying. 

Alternative proof is a written statement 

from the manufacturer's U.S. representative 

stating the vehicle is a U.S. version. EPA does 

Vehicle importers will likely need to 

know: 

•	 Year of manufacture; 

•	 Model year, make, and model of 

vehicle (i.e., 1990 Chevy 

Lumina); 

•	 Whether the vehicle conforms to 

U.S. emissions requirements; 

• Type of fuel the vehicle uses; 

•	 Whether the vehicle was 

manufactured with or without a 

catalytic converter; and 

• Gross vehicle weight for trucks 

Engine importers will likely need to 

know: 

• Engine and ignition type; 

•	 Engine power and/or 

displacement; 

• First year the engine was 

manufactured; 

• Whether the engine conforms to 

U.S. standards; 

•	 Intended use; 

•	 Engine, vehicle, or equipment 

manufacturer, model and serial 

number, engine family name, 

and/or type of equipment; and 

•	 Build date if uncertified. 

not accept passing a state inspection test as proof. State inspection tests do not determine 

conformity with Federal emission standards. EPA also does not accept having a catalytic 

converter as proof. The presence of a catalytic converter does not mean the vehicle is a U.S. 

version, or that it meets Federal emission standards. 

Section 1: Permanent Importations of Vehicles and Engines	 Page 1 
 

 

 

 

 

 

 

 

 

1.1.2 Exporting a U.S. Version Vehicle 

In some countries, it will be difficult or impossible to 

obtain unleaded fuel for your vehicle. If the vehicle is driven 

using leaded fuel, it will be necessary for you to replace the 

catalyst and oxygen sensor upon its return to the U.S. To 

avoid this expense, you may obtain authorization from EPA to remove the catalyst and oxygen 

sensor before the vehicle is shipped overseas. When the vehicle returns to the U.S., you must 

file an EPA form 3520-1 with Customs and declare code "F" on the form. Doing so will allow 

you to reenter your U.S. version vehicle into the U.S. without bond, upon your assurance that 

you will have the reinstallation performed. 

1.1.3 EPA Requirements for Importing a U.S. Version Vehicle 

The importer must be able to demonstrate that the vehicle is a U.S. version. Note that 

Customs may seize a non-U.S. version vehicle if it is falsely declared as a U.S. version. 

If the vehicle has been modified or altered, such as 

the original engine being replaced with another type of 

engine, a Customs bond will be required. Under a Customs 

bond, the importer will need to replace damaged or missing 

emission components and repair or restore the vehicle to its 

original certified configuration. 

1.1.3.1 U.S. Version Vehicles -- Modified or Altered 

A vehicle originally manufactured as a U.S. version vehicle that has since been modified 

or altered, will not meet U.S. emission requirements. For example, if the engine has been altered 

or replaced with another type of engine, the vehicle is no longer considered a U.S. version. 

A modified or altered vehicle may be conditionally imported as a U.S. version pending 

repair and restoration. Upon entry, the importer must file an EPA Form 3520-1 with Customs, 

declare code "F" on the form, and post a bond with Customs. The importer has 120 days to 

demonstrate to EPA that the vehicle has been repaired or restored to its original configuration. 

Alternatively, the vehicle owner may contract with an Independent Commercial Importer 

(ICI) that has a valid EPA certificate of conformity to import the vehicle as a non-U.S. version 

vehicle and to convert it to meet the EPA requirements. More information on importing nonU.S. version vehicles with the help of an ICI is included in Section 1.3.2.3. 

1.1.3.2 U.S. Version Vehicles -- Not Modified or Altered 

A vehicle originally manufactured as a U.S. version vehicle that has not been modified or 

altered may be imported without approval or a Customs bond required by EPA. Upon entry, the 

importer must file an EPA Form 3520-1 with Customs, and declare code "B" on the form. 

If your vehicle is a U.S. version vehicle, and either the catalyst, oxygen sensor, or fuel 

filler neck restrictor were removed for use outside the U.S., or may have become damaged 

To obtain authorization to 

remove the catalyst and 

oxygen sensor prior to 

export, contact EPA at (202) 

564-2417. 

Military members should 

import their U.S. version 

vehicle through the military 

P.O.V. program, if possible. 

Section 1: Permanent Importations of Vehicles and Engines Page 2 
 

 

 

 

 

 

 

 

 

 

through leaded fuel use, EPA does not require you to bond the vehicle upon its return to the U.S. 

However, you must file an EPA form 3520-1 with Customs and declare code "F" on the form. 

The catalyst, and/or oxygen sensor, and/or fuel filler neck restrictor, as applicable, must be 

reinstalled or replaced, and if leaded gasoline was used, the fuel tank must be drained and refilled 

with unleaded gasoline. 

1.1.3.3 Bonded Entries 

EPA will require a Customs bond upon importation of a U.S. version vehicle that has 

been modified or altered. The bond is needed to ensure that the necessary repair and restoration 

work will be completed. Even though the bond amount is set by Customs, EPA recommends to 

Customs that the bond be at least the current market value of the vehicle. After a bonded entry 

has been made with Customs, the importer has 120 days to bring the vehicle into compliance 

with EPA requirements. Otherwise, Customs may seize the vehicle, require the vehicle to be 

exported, and seek monetary damages and penalties. 

1.2 Canadian Version Vehicles 

For other exclusions and 1.2.1 What is a Canadian Version Vehicle? exemptions for which a Canadian 

vehicle may be eligible, see Section Canadian vehicles are those that are originally 1. 3: Non-U.S. Version Vehicles manufactured to be sold in Canada and certified to meet and Engines. the Canadian requirements. They will usually not have 

an EPA emissions compliance label, but instead will 

have a Transport Canada label. 

EPA categorizes Canadian vehicles as either identical to U.S. version vehicles or not 

identical to U.S. version vehicles, with regard to emission requirements. 

1.2.2 Canadian Version Vehicles -- Identical to U.S. Version 

Anyone may import a Canadian vehicle that is identical in all material respects to a 

vehicle certified by EPA for sale in the U.S. No Customs bond or approval is required by EPA 

in these cases, but the imported vehicle must meet one of the following two conditions. 

●	 For 2002 and newer model year vehicles, the importer must provide a letter from the U.S. 

representative of the manufacturer stating that the vehicle met all U.S. emission 

requirements when it was manufactured, except possibly for labeling or warranty. 

●	 For 1988 to 2001 model year vehicles, the vehicle must be on the EPA list of Canadian 

models identical to U.S. version vehicles. The EPA list is located on EPA's Imports 

Website and includes all 1988 to 2001 model year Canadian cars and light-duty trucks 

(pick-ups and vans under 8,500 GVWR). 

For additional information, see the imports website at http://www.epa.gov/otaq/imports. 

For importation requirements for 1987 and older model year vehicles, see Section 3.1 below. 

Section 1: Permanent Importations of Vehicles and Engines	 Page 3 
 

 

 

 

 

 

 

 

 

 

 

 

Upon entry, the importer must file an EPA Form 

3520-1 with Customs declaring code "EE" in block 8 of 

that form if for personal use, or code "FF" if for resale. If 

the vehicle is not on the EPA list, attach the letter from the 

original equipment manufacturer's U.S. representative. 

1.2.3 Canadian Version Vehicles -- For Use by 

Immigrants, Workers, and Students 

Persons with documented proof of permanent 

Canadian immigrant status or Canadian worker or student 

status in the U.S. for longer than one year are eligible for an 

exemption to import their Canadian vehicles. For those in 

the U.S. for less than a year, EPA requires that eligible 

importers obtain a nonresident exemption, EPA form 3520-

1 code "O." 

Other Federal Agencies 

require that the importer 

obtain a letter of compliance 

from the manufacturer before 

attempting to import any 

vehicle. The U.S. 

representative of the 

manufacturer is not required to 

issue compliance letters. If you 

cannot obtain a letter of 

compliance from the 

manufacturer you may not be 

able to import your vehicle 

even if it meets EPA 

requirements. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs declaring code 

"M" on the form, and attach proof that the vehicle is a Canadian version and that the importer 

owned the vehicle prior to importation. For proof that the vehicle is a Canadian version 

importers may use a copy of the Canadian title or registration, a letter from the manufacturer's 

U.S. or Canadian representative stating that the vehicle was manufactured to comply with 

applicable Canadian emission requirements, or a sales receipt showing that the vehicle was 

purchased new from a Canadian dealership. Adequate proof of ownership before importation 

may be a copy of the Canadian title or registration in the name of the importer. 

No Customs bond or approval is required by EPA. 

1.2.4 Canadian Version Vehicles -- Received by Inheritance 

A U.S. resident is eligible for an EPA exemption if he/she receives a vehicle from a 

Canadian resident by inheritance. No Customs bond or approval is required by EPA. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs declaring code 

"M" on the form, and attach a copy of two documents. The first document must prove the 

vehicle was owned by the Canadian resident, such as a copy of the vehicle registration or title in 

the name of the Canadian resident. The second document must prove that the vehicle was 

obtained from the Canadian resident by inheritance. 

1.2.5 Canadian Version Vehicles -- Other Exemptions 

Canadian Vehicles and their importers also have the same requirements as for other nonU.S. version vehicles and may not use code "EE" or "FF" for non-U.S. version vehicles. 

Section 1: Permanent Importations of Vehicles and Engines	 Page 4 
 

 

 

1.3 Non-U.S. Version Vehicles 

1.3.1 What is a non-U.S. version vehicle? EPA does not recommend the 

importation of non-conforming Non-U.S. version vehicles generally are those that vehicles. Conversion of non- are sold in foreign countries. They will not have the EPA conforming vehicles is usually compliance label. Non-U.S. version vehicles may also very expensive, and sometimes include U.S. version vehicles that have been modified or impossible or impractical. altered, other than missing or damaged catalysts, oxygen 

sensors, and fuel filler neck restrictors. 

Importers with modified U.S. version vehicles may enter the vehicle as a non-conforming 

vehicle under the requirements of this section. A non-conforming vehicle is any motor vehicle 

or motor vehicle engine not covered by a certificate of conformity. Non-U.S. version vehicles 

proven to be identical to U.S. certified version vehicles (e.g., many Canadian vehicles) may be 

eligible for exemption as "identical to U.S. version vehicles" or "modified to be identical to U.S. 

version vehicles." 

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. A non-U.S. version vehicle may also be imported by an ICI, which is a 

private business in the U.S. that holds a current EPA certificate of conformity, and which will 

modify and test the vehicle, as applicable, to meet EPA emission requirements. 

The importation of non-conforming vehicles is regulated by several Federal agencies, 

including EPA, Customs, the Department of Transportation, and the Internal Revenue Service. 

Customs will not permit admission of your vehicle until both emission (EPA) and safety 

(Department of Transportation) requirements for conditional admission are met. 

1.3.2 Permanent Exemptions 

Some vehicles which otherwise must be EPA certified to be imported may be eligible for 

an exemption from the emission regulations. 

1.3.2.1 Vehicles Identical to U.S. Versions 

The vehicle may qualify for an exemption if it was An "identical" vehicle manufactured to be identical to an EPA certified version. No may not be imported for Customs bond or approval is required by EPA. However, a resale, except for vehicle is not eligible for the "identical" exemption if it has been "identical" Canadian modified or altered since it was manufactured. Note that an cars and light trucks. OEM may not import a vehicle using this exemption. 

The importer must obtain a letter from the manufacturer's U.S. representative stating the 

vehicle met the U.S. emission requirements at the time of manufacture. (See also: 1.2.2 

Canadian Version Vehicles -- Identical to U.S. Version.) 

Section 1: Permanent Importations of Vehicles and Engines Page 5 
 

 

 

 

 

Upon entry, the importer must file an EPA Form 3520-1 with Customs declaring code 

"EE" in item 8 and attach the letter from the manufacturer's U.S. representative, if required. 

1.3.2.2 Vehicles Modified to be Identical to U.S. Versions 

The vehicle may qualify for an exemption if it is modified to be identical to a U.S. 

version. The importer must arrange the importation and modifications with an ICI that holds a 

current certificate of conformity from EPA. The ICI must obtain a letter from the manufacturer's 

U.S. representative listing the specific modifications required to make the vehicle identical to its 

U.S. certified counterpart and then make those modifications in accordance with the 

manufacturer's instructions. Upon entry, the ICI must attach the instructions to EPA Form 3520-

1 and declare code Z in block 8 of that form. 

1.3.2.3 Importation by an ICI 

An ICI is a private business located in the U.S. that has at least one current, valid 

certificate of conformity from EPA allowing it to import and modify certain non-conforming 

vehicles to bring them into compliance with the EPA requirements. The ICI is not associated 

with EPA or the original vehicle manufacturer, and the EPA does not guarantee the work of the 

ICI. 

Vehicles required to be imported by ICIs must be entered through Customs by the ICI, 

not the vehicle owner. The ICI must retain custody until the vehicle has met all EPA 

requirements. Those requirements include a fifteen day holding period, after the ICI informs 

EPA that all the work and testing have been completed. Before making any purchase or shipping 

arrangements, you should be sure that there is an ICI who holds a current, valid EPA certificate; 

that the ICI is willing to import your vehicle; and that you are prepared to pay the ICI charges 

and wait the necessary time. 

1.4 Nonroad or Heavy-Duty Highway Engines 

U.S. certified heavy-duty highway engines, certified nonroad engines, or nonroad engines 

installed in a certified vehicle, covered by a valid U.S. EPA certificate of conformity and bearing 

a U.S. emissions control label in English, can be imported using Form 3520-21 (check box 1). 

There are eight categories of nonroad or heavy-duty highway engines, vehicles, and equipment 

that must conform to EPA requirements and emission standards under several Federal 

regulations. The categories include: heavy-duty highway engines, locomotives, marine 

compression-ignition (CI) engines, marine spark-ignition (SI) engines, recreational SI engines, 

nonroad CI engines below 37 kW, and all nonroad SI engines. 

These engines may be imported as U.S. certified engines or engines installed in certified 

vehicles. If this scenario does not apply, the engine may still be imported under certain 

circumstances (e.g., exemptions). The exemptions and exclusions available to importers of 

nonroad or heavy-duty highway engines are described in further detail below. 

Section 1: Permanent Importations of Vehicles and Engines Page 6 
 

 

 

 

 

1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines 

In some cases, a permanent exemption may apply to a heavy duty highway engine or 

nonroad engine/vehicle, including older engines, manufacturer-owned, replacement engines, 

hardship, and configurations identical to a U.S. certified version. If importing a non-conforming 

engine under one of the permanent exemptions, importers should check the appropriate 

exemption using boxes 2 through 9 on Form 3520-21. The applicable regulatory references are 

listed on EPA Form 3520-21. 

1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines 

For engines that are not yet subject to EPA emission standards, importers should check 

box 17 or 18 on Form 3520-21. These include engines that were manufactured before applicable 

emission standards were in effect. A recreational marine compression-ignition engine below 2.5 

liters per cylinder imported under this provision must be manufactured before the 2006 model 

year. A recreational vehicle imported under this provision must be manufactured before the 

2007 model year. In addition, certain sterndrive/inboard marine spark-ignition engines may also 

be eligible for an exemption if they are not yet subject to EPA standards (see 40 CFR part 91). 

There are a number of other specific engine categories and special cases that allow for 

importers to claim an exemption. Importers should check the appropriate option from boxes 24 

through 27 on Form 3520-21 if they are importing an engine that is subject to the Transition 

Program for Equipment Manufacturers, intended for personal-use only, or imported by an ICI. 

Some of these exemptions have limitations on the number of engines that can be imported (see 

Form 3520-21 for information on the limitations associated with each exemption). 

1.4.3 Excluded Engines 

In addition to the exemptions that may apply, there are also several engine categories that 

EPA does not regulate. These would qualify for an exclusion from EPA's import requirements. 

Importers should indicate the appropriate option from boxes 19 through 23 on Form 3520-21 if 

importing an engine that is excluded from EPA emission standards. These include engines used 

for competition, stationary engines (model year 2006 and before), nonroad CI engines used for 

underground mining, and hobby engines. Note that 2007 and later model year Stationary 

compression-ignition engines are subject to certification (see: 40 CFR Parts 60 and 89) and thus, 

not considered to be excluded engines. In addition, rules for spark-ignition stationary engines 

were finalized on January 18, 2008 (see: http://www.epa.gov/fedrgstr/EPAAIR/2008/January/Day-18/a25394.pdf). 

Section 1: Permanent Importations of Vehicles and Engines Page 7 
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Section 1: Permanent Importations of Vehicles and Engines Page 8
 
 

 

 

 

Section 2: Temporary Importations 

Vehicles and engines imported into the U.S. temporarily for the specific reasons listed 

below may be eligible for an exemption from complying with Federal emission requirements. 

Vehicles imported under this type of exemption may not be sold or otherwise transferred to 

another party in the U.S except with certain restrictions under the diplomatic exemption. Except 

for diplomatic use, written EPA approval is required for temporary importation and importers 

should keep a copy of the letter for proof of the exclusion. After the purpose of the exemption 

has been satisfied, the vehicle must be exported, destroyed, or brought into compliance through 

the services of an ICI. 

2.1 Repair or Alteration 

If a vehicle is imported only for repair or alteration, it may not be operated on public 

roads or highways in the U.S. This exemption may not be used for the purpose of converting a 

vehicle to meet Federal emission requirements. After the repair or alteration has been made, the 

vehicle must be exported. 

Upon entry, the importer must file EPA Form 3520-1 with Customs, declare code "G" on 

this form, and attach an EPA letter of approval to Form 3520-1. The importer must also post a 

bond with Customs. 

2.2 Display 

Generally, a legitimate display purpose is a display in the interest of the general public or 

business. This exemption may not be used for private purposes, and offering a non-conforming 

vehicle for sale, as a gift, or as a prize in the U.S. violates the Clean Air Act. 

The vehicle may not be operated on public roads or highways in the U.S., except as 

necessary for the display purpose (e.g., filming the vehicle for a movie or advertisement). 

Driving demonstrations in conjunction with testing programs are permitted only under a testing 

exemption. The vehicle must be exported, destroyed or brought into compliance through the 

services of an ICI after the display has been completed or at the end of the exemption date, 

whichever comes first. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs, and declare code 

"K" on the form and attach the EPA letter of exemption. The importer must also post a bond 

with Customs. 

2.3 Testing 

If a 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 only if such operation is an integral part of the test program. The vehicle must be 

exported after the testing has been completed or at the end of the exemption date, whichever 

comes first. 

Section 2: Temporary Importations Page 9 
 

 

 

 

 

 

Upon entry, the importer must file an EPA Form 3520-1 with Customs and declare code 

"I" on the form and attach the letter of exemption. The importer must also post a bond with 

Customs. 

2.4 Diplomats or Foreign Military 

If a vehicle is being imported temporarily for personal use by a representative of a 

foreign government or international organization on assignment in the U.S., the representative 

must have authorization for free entry of a vehicle in writing by the U.S. Department of State. 

However, for members of the armed forces of a foreign country, their official orders for duty in 

the U.S. are considered to be sufficient documentation. 

No Customs bond or approval is required by EPA. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs, declare code "N" 

on the form, and attach 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. Documents from foreign 

governments or other U.S. agencies are not acceptable, except for members of the armed forces 

of foreign countries. 

The vehicle may not be sold or otherwise transferred to another party in the U.S. unless 

the new owner has required U.S. Department of State authorization of 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. 

The vehicle must be exported at the end of the authorizing assignment, or U.S. 

Department of State authorization, whichever comes first. Alternatively, the vehicle may be 

brought into compliance through the services of an ICI. 

2.5 Nonresident 

Individual nonresidents may import a vehicle under this exemption if it is being 

temporarily imported by a nonresident and primarily for personal use by the importer. Motor 

vehicles and motor vehicle equipment for personal use may be imported for up to one year. The 

vehicle must be imported in connection with your arrival, and it must be owned by you or on 

order before you depart from abroad. The vehicle may not be used to conduct business or for 

principle use by persons other than the importer or importer's spouse. The importer must be a 

nonresident according to Customs requirements. The vehicle must be exported after one year, or 

upon the nonresident departing the U.S., whichever comes first. 

No Customs bond is required. However, written EPA approval must be obtained before 

clearance at Customs. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs and declare code 

"O" on the form and attach the EPA letter of exemption. The importer should retain a copy of 

the letter as proof of exemption. 

Section 2: Temporary Importations Page 10 
 

 

2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports 

There are also a number of temporary exemptions that may apply to nonroad or heavyduty highway engines. Importers should check the boxes and review associated definitions on 

Form 3520-21 if importing a non-conforming engine under the temporary exemptions for: 

•	 Repairs or alterations; 

•	 Testing; 

•	 Display; 

•	 Export (both the engine and shipping container must be labeled or tagged to identify them 

solely as export); 

•	 Diplomatic or military use (does not apply to locomotive or marine compression-ignition 

engines); 

•	 Delegated assembly; 

•	 A partially complete engine; or 

•	 An engine that will be installed in an application not yet subject to EPA emission 

standards.
 

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Section 2: Temporary Importations Page 12
 
 

 

 

 

 

 

 

 

 

Section 3: Exclusions 

Some vehicles are excluded from the motor vehicle emission requirements of the Clean 

Air Act. Reasons for exclusion include vehicle age (i.e., manufactured prior to the regulations), 

fuel type, maximum speed, exclusive use for competition or racing, or lack of features associated 

with practical street or highway use. Please note that some vehicles excluded from the motor 

vehicle requirements may be subject to non-road vehicle and emission standards which have 

become effective in recent years. 

3.1 Vehicles at Least 21 Years Old 

A vehicle is exempted if it has been 21 years or more since its original production year 

and it is in its original unmodified condition. Vehicles in any condition may be excluded if they 

were manufactured prior to the year in which EPA's regulations for the class of vehicle took 

effect. Vehicles at least 21 years old with replacement engines are not eligible for this 

exemption unless they contain equivalent or newer EPA certified engines and emission control 

systems. Upon entry, the importer must file an EPA Form 3520-1 with Customs and declare 

code "E" on the form. 

3.2 Engines Not in a Vehicle or Chassis 

EPA regulates the entire vehicle, not individual parts, for cars, light trucks, medium duty 

passenger vehicles (MDPVs), chassis-certified HDVs, and motorcycles. If an engine is not 

installed, and is to be used in a car, motorcycle, or light truck, it may be imported as an 

automotive part. Anyone may import a non-chassis-mounted light-duty engine for use in a 

motor vehicle which is currently covered by an EPA certificate or will be covered by an EPA 

certificate prior to introduction into commerce. No approval or Customs bond is required by 

EPA. However, importers should be aware that several engine uses are violations of the Clean 

Air Act: 

●	 Mounting an engine to a chassis to "manufacture" a vehicle without proper certification 

of conformity from EPA; 

●	 Mounting a non-identical engine to a certified vehicle; and 

●	 Importing an engine for use in an engine-certified heavy-duty vehicle or heavy-duty truck 

without 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. 

To import an engine for use in a car, light truck, MDPV, chassis-certified HDV, or 

motorcycle, the importer must file with Customs, upon entry, an EPA Form 3520-1 and declare 

code "W" on the form. For an engine-certified "heavy-duty vehicle" or "heavy-duty truck," EPA 

regulates the engine, whether or not it is installed. EPA considers a vehicle or truck "heavy" if it 

has a gross vehicle weight rating of more than 8,500 pounds, or a curb weight of more than 6,000 

pounds. To be imported, such an engine must be either excluded, exempted, covered by an EPA 

certificate of conformity, or imported by an ICI. Note that EPA Form 3520-21 is used to import 

heavy duty highway engines. 

Section 3: Exclusions	 Page 13 
 

 

 

 

 

 

 

3.3 Racing Vehicles 

Not all vehicles used in races are excluded from emissions compliance. To qualify for 

the racing vehicle exclusion, EPA requires specific documentation as proof that the vehicle is 

incapable of being safely and practically driven on streets and highways and that it will be used 

only for racing. This documentation includes: 

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 that are lacking (features that have been removed or have 

never been installed that would permit safe driving on streets or highways); 

5.	 At least four 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 (DMV) that explains the vehicle cannot 

be licensed for use on public roads, and explains why it cannot be licensed. 

At a later date, the importer may also be required to provide the EPA with proof showing 

that the vehicle had been entered into official races. Written EPA approval must be obtained 

before clearance at Customs. Upon entry, the importer must file an EPA Form 3520-1 with 

Customs, declare code "L" in block 8 of that form, and attach the EPA letter of approval. 

Once a racing vehicle is imported, it is a violation of the Clean Air Act to register or 

license it for street use, or to convert it into a motor vehicle, unless it is covered by an applicable 

EPA certificate of conformity. 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 

manufacturer of a new motor vehicle and subject to a penalty of $25,000 per day for failing to 

meet EPA emission requirements. 

3.4 Unregulated Fuel Vehicles 

Regulated fuels are typically gasoline, diesel, ethanol, methanol, Compressed Natural 

Gas (CNG), and Liquid Petroleum Gas (LPG) (including propane) fuels depending on the model 

year of the vehicle as described below. 

●	 For model years earlier than 1991, gasoline and diesel are regulated fuels. 

●	 For 1990-1996 model years, gasoline, diesel, ethanol, and methanol are regulated fuels. 

●	 For 1997-2003, gasoline, diesel, ethanol, methanol, CNG, and LPG (including propane) 

are regulated fuels. 

Section 3: Exclusions	 Page 14 
Note that a duel-fueled or multi-fueled vehicle is regulated if it is capable of running on 

any regulated fuel. 

No Customs bond or approval is required by EPA for unregulated fuel vehicles. 

Upon entry, the importer must file an EPA Form 3520-1 with Customs and declare code 

"Y" in block 8 of that form. 

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. 

Section 3: Exclusions Page 15 
 

 

 

 

Secton 4: Motor Vehicle Definition 

4.1 Application of section 216(2) 40CFR § 85.1703 

(a) For the purpose of determining the applicability of section 216(2), a vehicle which is selfpropelled andcapable of transporting a person or persons or any material or any permanently or 

temporarily affixed apparatus shall be deemed a motor vehicle, unless any one or more of the 

criteria set forth below are met, in which case the vehicle shall be deemed not a motor vehicle 

and excluded from the operation of the Act: 

(1) The vehicle cannot exceed a maximum speed of 25 miles per hour over level, paved surfaces; 

or 

(2) The vehicle lacks features customarily 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; or 

(3) The vehicle 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 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. 

Section 4: Application of Section 216 (2) Page 16 
 

 

 

 

 

 

 

*The following vehicles are subject to regulations under parts 90, 1051, 1065, 1068 

and 86 

4.2 Off-Road/Recreational Vehicles 

Off-road/recreational vehicles include, but are not limited to, vehicles such as 

snowmobiles, all-terrain vehicles and off-highway motorcycles, utility vehicles, sand cars, and 

motorized bicycles. 

All 2006 or later model year off-road/recreational Note that the deletion, vehicles are subject to certification in accordance with 40 

removal, or absence of CFR Part 1051. Exclusion determinations for 2005 or features associated with safe earlier off- road/recreational vehicles are based on the and practical street or capability of the subject vehicles to safely and practically highway use (that can be be driven on public roads, not on their intended or readily added) is not sufficient principal use. Model year 2005 and earlier off- grounds for this exclusion. road/recreational vehicles are excluded, unless they also 

meet the definition of an on-highway motor vehicle or 

motorcycle. 

EPA will make written determinations of exclusions 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. 

EPA Form 3520-1 is no longer used for the importation of nonroad and offroad/recreational vehicles. The importer must file with Customs, upon entry, an EPA Form 

3520-21. For 2006 and later model year vehicles subject to certification, use box 1 or the 

appropriate box for an exemption. For 2005 and earlier model year vehicles, you must use box 

17 and attach proof that the vehicle was manufactured in 2005 or earlier, is a 2005 or earlier 

model, and lacks safety or other features that are required for safe and practical street operation 

(including evidence of inordinate size or weight preventing highway use). 

A 2005 or earlier model year highway motor scooter or motorcycle with an engine 

displacement of less than 50 cc is not regulated, and may be imported without an approval or 

Customs bond under EPA declaration code "U" on Form 3520-1. Any 2006 or later model year 

highway motor scooter or motorcycle with an engine displacement less than 50 cc is subject to 

certification in accordance with 40 CFR Part 86, Subpart E. 

Vehicles using this exclusion may not be registered or licensed for use on, or operated on, 

the public roads or highways (with the exception of motorized bicycles). Any 2006 or later 

model year vehicle must be certified accordance with 40 CFR 1051 and must not be for use in 

racing or competition. If an imported off-road/recreational vehicle is subsequently converted to 

a motor vehicle and registered or licensed for street use, the converter may be considered a 

Section 4: Application of Section 216 (2) Page 17 
 

 

 

 

manufacturer of a new motor vehicle and subject to a penalty of $25,000 per day for failing to 

meet EPA emission requirements. 

4.3 Imported Used Japanese Mini-trucks and Vans 

In recent years, significant numbers of used model year 2004 and older mini-trucks and 

vans (also known as Kei-class vehicles) have been imported illegally from Japan into the U.S. 

These vehicles, originally manufactured as on-road motor vehicles in Japan, are imported in 

violation of the CAA because they were determined by EPA to be uncertified motor vehicles, or 

were excluded from motor vehicle regulations and then subsequently modified to operate as a 

motor vehicle. Mini-vehicles imported into the U.S. and sold as a nonroad engine or vehicle 

must have the permanent physical attributes necessary to ensure that they cannot exceed the 25 

mph threshold. Mini-vehicles that are capable of exceeding the 25 mph threshold, either as 

originally manufactured or with the speed governing limiters removed, are regulated as "motor 

vehicles" under the CAA and must be certified. Note that only modifications approved in 

writing by EPA or performed in a manner consistent with EPA-issued guidance are sufficient to 

exclude mini-vehicles from the motor vehicle requirements of the CAA. 

When EPA or U.S. Customs determines that imported equipment does not meet EPA 

emissions certification requirements, Customs will detain or seize the equipment. EPA and 

Customs then coordinate on enforcement to address the CAA violations, including collection of a 

penalty and exportation of the illegal equipment. The maximum penalty is $32,500 for each 

illegal engine or vehicle, although penalties may be reduced for first-time violators and for 

importers who voluntarily disclose and remedy the violation and all prior violations. 

Section 4: Application of Section 216 (2) Page 18