Office of Transportation and Air Quality

EPA-420-B-10-027

July 2010

Procedures for Importing 

Vehicles and Engines 

into the United States
EPA-420-B-10-027

July 2010

Compliance and Innovative Strategies Division

Office of Transportation and Air Quality

U.S. Environmental Protection Agency

Procedures for Importing Vehicles and 

Engines into the United States

DISCLAIMER:

This facts manual 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 facts manual when importing motor 

vehicles. Updates to the facts manual may be obtained from the EPA free 

of charge. This facts manual does not include requirements of other U.S. 

Agencies or States (e.g., safety and other requirements administered by the 

U.S. Department of Transportation).

U. S. Environmental Protection Agency 

Requirements Only
IMPORTERS BEWARE! 

Non-Conforming (Non-U.S. Version) Vehicles 

●	 EPA strongly recommends that prospective importers buy only U.S. version (labeled) 

vehicles, because of the expense and potential difficulties involved with importing a 

non-U.S. version vehicle. 

●	 Non-U.S. version vehicles less than 21 years old must be modified to meet U.S. 

emission and safety standards and/or to be identical to U.S. version vehicles and must 

be imported by an Independent Commercial Importer (ICI). 

●	 EPA strongly recommends that current owners of non-U.S. version vehicles sell or 

otherwise dispose of those vehicles overseas rather than ship and import them into the 

U.S., because of the expense and potential difficulties involved with importing a nonU.S. version vehicle. 

●	 The EPA policy which permitted importers a one-time exemption for vehicles at least 

five years old has been eliminated. 

●	 Before shipping a non-conforming vehicle for importation, EPA strongly recommends 

that the importer either make final arrangements with an ICI for modifications and 

testing, or obtain EPA approval in writing for importation. Storage fees at the ports are 

costly, and the vehicle may not be eligible for importation. 

●	 Not all non-conforming vehicles are eligible for importation, and ICIs are not required 

to accept vehicles for which they have qualifying certificates of conformity. 

●	 EPA certification of ICIs does not guarantee the actions or work of the ICIs, nor does it 

regulate contractual agreements and working relationships with vehicle owners. 

U.S. Version Vehicles Driven Overseas 

●	 U.S. version vehicles driven overseas may need to be bonded upon importation. 

●	 The catalysts and oxygen sensors may need to be replaced on U.S. version vehicles 

driven overseas. 

●	 The vehicle's emission control system, drive train (including engine), and fuel system, 

will need to be restored to its original EPA-certified configuration if those systems or 

components are altered, damaged, malfunctioning, or missing. 

 

Table of Contents 

Page 

List of Acronyms........................................................................................................................... v
 

Section 1: Introduction................................................................................................................ 1
 

1.1 How to Use this Manual .................................................................................................... 1
 

1.2 EPA Entry Forms............................................................................................................... 2
 

1.3 Emissions Testing .............................................................................................................. 3
 

1.4 Non-Emission Requirements ............................................................................................. 4
 

1.5 Contractual Agreements with Independent Commercial Importers .................................. 4
 

1.6 Importation Flow Chart...................................................................................................... 4
 

Section 2: Detailed Importing Requirements.......................................................................... 14
 

2.1. Permanent Importations for Vehicles and Engines......................................................... 14
 

2.1.1 U.S. Version Vehicles............................................................................................. 14
 

2.1.1.1 Shipping a U.S. Version Vehicle Overseas ................................................... 14
 

2.1.1.2 Importing a U.S. Version Vehicle.................................................................. 15
 

2.1.2 Canadian Vehicles .................................................................................................. 16
 

2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles.................................. 16
 

2.1.2.2 Canadian Vehicles Not Identical to U.S. Version Vehicles........................... 17
 

2.1.3 Non-U.S. Version Vehicles..................................................................................... 19
 

2.1.3.1 EPA's Policy Regarding Non-U.S. Version Vehicles.................................... 19
 

2.1.3.2 Importation of Non-U.S. Version Vehicles by an Individual ........................ 19
 

2.1.3.3 Importation of Non-U.S. Version Vehicles by an ICI ................................... 22
 

2.1.4 Nonroad or Heavy-Duty Highway Engines............................................................ 27
 

2.1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines........ 27
 

2.1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines................ 28
 

2.1.4.3 Excluded Nonroad or Heavy-duty Highway Engines.................................... 29
 

2.2 Temporary Importations of Vehicles or Engines............................................................. 30
 

2.2.1 Temporary Vehicle Imports for Repair/Alteration ................................................. 30
 

2.2.2 Temporary Vehicle Imports for Display................................................................. 31
 

2.2.3 Temporary Vehicle Imports for Testing ................................................................. 32
 

2.2.4 Temporary Vehicle Imports for Diplomats............................................................. 32
 

2.2.5 Temporary Vehicle Imports for Nonresidents ........................................................ 33
 

Table of Contents Page i
 
 

 

 

2.2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports .............................. 34
 

2.3 Excluded Vehicles ........................................................................................................... 34
 

2.3.1 Exclusions Based on Age........................................................................................ 34
 

2.3.2 Non-Chassis-Mounted Engine ................................................................................ 35

 2.3.3 Racing Vehicles................................................................................36 

2.3.4 Unregulated Fuel Vehicles ..................................................................37 

2.4 Application of section 216(2)........................................................................37 

2.4.1 Off-Road/Recreational Vehicles............................................................................. 38
 

2.4.2 Imported Used Japanese Mini-Trucks and Vans .................................................... 39
 

Section 3: Other Import-Related Requirements and Information........................................ 41
 

3.1 Non-Emission Requirements ........................................................................................... 41
 

3.1.1 Customs................................................................................................................... 41
 

3.1.2 Safety ...................................................................................................................... 41
 

3.1.3 Gas Guzzler Tax ..................................................................................................... 41
 

3.1.4 State Requirements ................................................................................................. 41
 

3.2 Locating the Vehicle Emissions Label ............................................................................ 42
 

3.3 Additional Information .................................................................................................... 44
 

Section 4: Penalties .................................................................................................................... 45
 

Appendix A EPA Forms........................................................................................................... A-1
 

EPA Form 3520-1 ................................................................................A-2 to A-3 

EPA Form 3520-21 ...............................................................................A-4 to A-8 

Appendix B Glossary.............................................................................B-1 to B-4
 

Table of Contents Page ii 
 

List of Figures 

Page 

Figure 1: Importation Flow Chart.................................................................................................. 5
 

Figure 2: Example Emission Label for Some 2007 and Earlier Model Year Vehicles ............... 43
 

Figure 3: Example Emission Label for Some 2007 and Later Model Year Vehicles.................. 44
 

Table of Contents Page iii 
 

List of Tables 

Page 

Table 1: Permanent Imports: U.S. Version Vehicles(1)................................................................. 7
 

Table 2: Permanent Imports: Canadian Vehicles.......................................................................... 8
 

Table 3.1: Permanent Imports: Non-U.S. Version Vehicles......................................................... 9
 

Table 3.2: Permanent Imports: Imported by an ICI...................................................................... 9
 

Table 4: Vehicles Not Excluded and Imported Temporarily*..................................................... 10
 

Table 5: Excluded Vehicles ......................................................................................................... 11
 

Table 6: Nonroad and Heavy-Duty Highway Engines ................................................................ 12
 

Table 7: Vehicle Codes for EPA Form 3520-1............................................................................ 35
 

Table of Contents Page iv 
 

List of Acronyms 

Acronym Definition 

ATV All Terrain Vehicle 

CAA Clean Air Act 

cc Cubic Centimeter 

CFR Code of Federal Regulations - U.S. vehicle emission regulations 

administered by the EPA are found in Volume 40 of the code (40 CFR). 

CI Compression Ignition 

CNG Compressed natural gas 

CO Carbon monoxide 

DMV Department of Motor Vehicles 

EPA United States Environmental Protection Agency 

FTP Federal Test Procedure (City) Test 

GVWR Gross Vehicle Weight Rating 

HC Hydrocarbon 

HDDE Heavy-duty diesel engine 

HDE Heavy-duty engine 

HDGE Heavy-duty gasoline engine 

HDV Heavy Duty Vehicle 

I/M Inspection/Maintenance 

ICI Independent Commercial Importer 

IRS Internal Revenue Service 

kW Kilowatt 

LDT Light-duty truck 

LDV Light-duty vehicle 

LPG Liquefied Petroleum Gas 

MDPV Medium Duty Passenger Vehicle 

MSHA Mining Safety and Health Administration 

NOx Nitrogen Oxides 

OEM Original equipment manufacturer 

Table of Contents Page v 
 

OP Original Production - "Original production years" refers to the year the 

vehicle was manufactured subtracted from the calendar year the vehicle was 

imported. 

ORVR Onboard Refueling Vapor Recovery 

RPM Revolution per minute 

SI Spark Ignition 

U.S.C. United States Code 

VIN Vehicle Identification Number 

Table of Contents	 Page vi 
 

 

Section 1: Introduction 

Importing motor vehicles and motor vehicle engines (which this document collectively 

refers to), or nonroad or heavy-duty highway engines (referred to as "engines" in this document) 

into the United States can be a very complex and confusing process. Before importing any 

vehicle or engine into the U.S., importers must consider the EPA requirements in addition to 

those of other U.S. offices. This Automotive and Engines Imports Facts Manual guides 

individuals through the necessary steps for importing vehicles and engines into the United States. 

The vehicle emission regulations and requirements discussed in this manual are based on 

Title II of the Clean Air Act (Act, or CAA) and Volume 40 of the Code of Federal Regulations 

(CFR), Part 85; subparts P and R, and Part 86. 

The nonroad or heavy-duty 

highway engine (including engines 

incorporated into vehicles or 

equipment) importation regulations 

NOTE: You can search these and other federal 

regulations online at: 

http://www.gpoaccess.gov/cfr/index.html. 

and requirements discussed in this manual are based on Title II of the Act and 40 CFR, Parts 85, 

86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1068 (as well as for engines used in underground 

mining 30 CFR 7, 31, 32, 36, 56, 57, 70, and 75). 

1.1 How to Use this Manual 

This manual is designed to direct importers through the proper procedures for importing 

their vehicle(s) or engines. To use the manual effectively, vehicle importers will likely need to 

know some or all of the following information listed below: 

1. The year the vehicle was originally manufactured; 

2. The model year, make, and model of the vehicle (i.e., 1990 Chevy Lumina); 

3. Whether the vehicle conforms to U.S. emission requirements (generally, conforming 

vehicles are labeled by the manufacturer as meeting EPA emission requirements); 

4. The type of fuel the vehicle uses (e.g., gasoline, diesel, propane, etc.); 

5. Whether the vehicle was manufactured with or without a catalytic converter; and 

6. The gross vehicle weight rating (GVWR) for trucks. 

Similar information is needed for importing nonroad or heavy-duty highway engines as 

described below: 

1. The type of engine you plan to import (e.g., heavy-duty highway engine for use in a 

vehicle with GVWR above 8,500; locomotive or locomotive engine; marine 

compression-ignition engine; other nonroad compression-ignition engine; marine sparkSection 1: Introduction	 Page 1 
 

 

ignition engine; recreational spark-ignition engine or vehicle; other nonroad sparkignition engines; etc.). 

2. Engine power and/or displacement (in kilowatts (kW) and/or cubic centimeters (cc)). 

3. The year the engine was first manufactured. 

4. Whether or not the engine conforms to U.S. standards. 

5. The intended use of the engine. 

6. Engine manufacturer, model and serial number, and for certified engines and vehicles, 

the engine family name. 

7. Vehicle or equipment manufacturer, model and serial number, and type of equipment (if 

applicable). 

8. The build date for uncertified engines or vehicles. 

There are three primary questions for determining the general method of importing a 

vehicle (see Section 1.6: Importation Flow Chart). The first is to determine if the vehicle is 

excluded by the Act from meeting Federal emission requirements. If it is excluded, you should 

follow the instructions given in the section "Excluded Vehicles." If your vehicle is not excluded, 

the next question is whether you desire a temporary or permanent importation. If you are 

importing your vehicle only temporarily, you should follow the instructions given in the section 

"Temporary Importations." If your importation is permanent, the third question is whether your 

vehicle is a U.S. version vehicle, a Canadian vehicle, or a non U.S./Canadian version vehicle. 

You can go to each one of those titled sections in Section 2.1 of this document and follow the 

specific instructions for importing your vehicle. 

Importers of nonroad or heavy-duty highway engines must also determine if their engine 

is U.S. certified, or if it is subject to an exclusion or a temporary or permanent exemption. There 

are also special exemptions for certain specific engine categories or other special cases, including 

certain importations by EPA-recognized Independent Commercial Importers (ICIs). Section 

2.1.4 addresses these exceptions and exclusions. 

1.2 EPA Entry Forms 

An EPA importation declaration form (EPA Form 3520-1 for on-road vehicles, or EPA 

Form 3520-21 for nonroad, off-road, and heavy-duty highway engines) must be submitted to the 

United States Customs and Border Protection Service (Customs) for most vehicle and engine 

importations. The most recent versions of the EPA Forms can be found at 

http://www.epa.gov/otaq/imports/ or from U.S. Customs or a Customs house Broker at the port 

of entry. Copies of the current forms are provided in Appendix A of this manual. 

Importers of on-road vehicles and on-road engines will use EPA Form 3520-1. This 

manual will help you determine which declaration code must be entered on the form. There are 

Section 1: Introduction	 Page 2 
 

four codes (B, F, EE, and FF) that apply to U.S. conforming and "identical" vehicles. The 

remaining codes apply to various exemptions, exclusions, temporary and ICI importations, and 

other special circumstances. The only situation where the importer does not need to submit the 

EPA Form 3520-1 to U.S. Customs is when an original equipment manufacturer (OEM) is 

importing new certified vehicles. 

Importers of nonroad or heavy-duty highway engines will use EPA Form 3520-21 and 

will identify the type of engine, vehicle or equipment by checking the appropriate option, which 

covers eight categories of nonroad or heavy-duty highway engines, vehicles, and equipment. 

These include heavy-duty highway engines that are used in vehicles over 8,500 pounds, 

locomotives, marine compression ignition (CI) and spark ignition (SI) engines, other CI engines, 

and recreational and other SI engines, which are identified as options A through H on the form). 

After selecting one of these options, the importer may then select a specific code indicating the 

provision under which the engine, vehicle or equipment is being imported. The first option 

indicates the importation of a U.S. certified engine or engine installed in a certified vehicle. The 

remaining options may be selected if specific exemptions or exclusions apply. As with vehicles, 

OEMs importing new certified engines do not need to submit EPA Form 3520-21 to U.S. 

Customs. 

1.3 Emissions Testing 

Light-duty Vehicles: 

The Federal emissions testing requirements are based on complex laboratory testing 

procedures as described in 40 CFR Part 86. Tests include the Federal Test Procedure (FTP) (city) 

test, highway test, a US06 (high speed, high acceleration) test, a SC03 (city test at 95° F with air 

conditioning on), a cold temperature (20° F) test, a two-day evaporative test, a three-day 

evaporative test, and an Onboard Refueling Vapor Recovery (ORVR) test. The emissions are 

measured while the vehicle is being driven in the laboratory on a chassis dynamometer. For the 

FTP test, the vehicle is driven through a specific driving cycle representing a typical urban drive 

of 10.5 miles. A test takes 14 to 36 hours, and includes fuel filling, starting, stopping, 

accelerating, decelerating, cruising, idling, and sitting while parked. The emissions measured 

include hydrocarbons (HC), carbon monoxide (CO), nitrogen oxides (NOx), particulates, and 

evaporative emissions. State emissions tests are typically much shorter, simpler, and cheaper, 

and measure only HC and CO. EPA does not accept the results of state emissions tests to 

demonstrate compliance with Federal emission standards. 

Nonroad and Heavy-Duty Highway Engines: 

Heavy-duty engines (HDEs) are tested on an engine dynamometer (not mounted in a 

truck, bus, etc.) and have a different set of complex testing procedures under Part 86, referred to 

collectively as a cycle. Each cycle seeks to emulate real-life-use and requires the engine to be 

run at specific revolutions per minute (rpms) for set periods of time. The cycle begins in the 

"Idle mode" followed by an increase in the speed and rpms to the "Acceleration mode," after 

which the rpms drop and the dynamometer is set to allow the engine to develop maximum 

horsepower for "Lugging mode." The engine and dynamometer are then returned to idle for the 

"Unloading mode." The test is only complete after three valid cycles have been performed. If 

Section 1: Introduction Page 3 
 

three valid cycles have not been performed after six consecutive cycles, the engine must be 

preconditioned by operation at maximum horsepower at rated speed for ten minutes before the 

test sequence is repeated. See 40 CFR 86.884-12(c). 

1.4 Non-Emission Requirements 

This manual describes only the EPA requirements, that is, only those related to emissions 

and only those required by the Federal government. Importers of vehicles and engines must also 

comply with the requirements of other Federal Agencies (e.g., Department of Transportation for 

safety requirements, Internal Revenue Service (IRS) for gas guzzler taxes, and U.S. Customs and 

Border Protection for tariffs, duties, etc.) as well as those of State and local governments (see 

Section 3.1: Non-Emission Requirements for applicable Federal government contacts). 

1.5 Contractual Agreements with Independent Commercial Importers 

To lessen your chances at being surprised later with unexpected costs or lengthy delays, 

EPA highly recommends that anyone importing a vehicle through the services of an ICI should 

obtain a written contractual agreement which addresses typical buyer concerns, such as: 

●	 Does the ICI have the necessary EPA certificate to import the vehicle? 

●	 Is the price quoted a fixed price, regardless of the number of tests required for 

importation or will there be additional charges for each additional test, and if so, at what 

additional charge? 

●	 Is the ICI obligated to inform the owner prior to incurring any additional charges? 

●	 Is the time required to successfully demonstrate compliance quoted? 

●	 Does the owner have any right to terminate the services of the ICI if costs become too 

high or the time involved too long? 

1.6 Importation Flow Chart 

The following flow chart (Figure 1) provides a summary of the importation process and 

may assist you in reaching a preliminary determination as to which form you should use and 

whether any exclusions or exemptions apply. Additional flow charts that provide detailed 

information on the compliance procedures for more specific scenarios may be found at: 

(UNDER CONSTRUCTION). Following the flow chart, there are five tables that outline some 

of the requirements in further detail. Tables 1, 2 and 3 summarize the criteria and codes for 

permanent importations of U.S. version vehicles/HDEs, Canadian version vehicles/HDEs, and 

non-U.S./Canadian version vehicles/HDEs, respectively. These tables only apply to those 

vehicles/HDEs that are not subject to an exclusion. Table 4 summarizes the criteria and codes 

relevant to temporary importations. Tables 5 and 6 summarize the criteria for vehicle exclusions 

and the appropriate code to include on Form 3520-1 or form 3520-21, respectively. The 

subsequent sections of this report cover the requirements for each of these scenarios in greater 

detail. 

Section 1: Introduction	 Page 4 
Section 1: Introduction Page 5 Figure 1 Importation Flow Chart Importation of onroad vehicles or vehicle engines requires completion of EPA Form 3520-1 Importation of nonroad, 

or heavy-duty highway 

requires completion o

Form 3520-21. Onroad Nonroad, Offroad, or Heavy-Duty Highway Engines Is the vehicle or engine being imported excluded from emission requirements (see Table 5)? Is the vehicle or engine being imported temporarily or permanently? No Yes Declare the necessary exclusion code on the relevant EPA Form (See Tables 5 and 6) Am I importing an onroad or nonroad/ HDE vehicle or vehicle engine? Vehicle or engine must be imported by an ICI. Does the vehicle or engine qualify for a temporary importation exemption? Declare the necessary exemption code on the relevant EPA Form (See Tables 4 and 6) Is the vehicle 

a U.S. Version Vehicle, a Ca

U.S. Version Vehicle, or a 

engine

Temporary Permanent No Yes Declare the necessary code on EPA Form 3520-1 (see Table 1) or 3520-21 (see Table 6). If Nonroad, check Box 1 on EPA Form 3520-21 or indicate if special circumstances apply. If onroad, vehicle/engine must be imported by an ICI (see Table 3.2). Declare the exemption code E or M on EPA Form 3520-1 or import through an ICI (see Table 2). 

Does the vehicle 

or engine qualify for a permanent importation exemption? Declare code EE on EPA Form 3520-1 (see Table 3.1), or check relevant box (2 through 9) 

in EPA Form 3520-21. 

No 

Yes 
Section 1: Introduction Page 6 
 

 

 

 

Table 1 

Permanent Imports: U.S. Version Vehicles(1)
 

(EPA Form 3520-1) 

If Vehicle/HDE: 

May be 

Imported by: Bond Required: 

Approval 

Required: 

On Form 

3520-1 

Declare 

Code: 

Is 21 years old or older Anyone No No E 

U.S. version vehicles that have 

had the catalyst, oxygen sensors, 

or filler neck restrictor removed or 

altered 

Anyone Yes No F(2) 

U.S. version vehicles that have 

not been modified or altered 

Anyone No No B 

 (1) U.S. versions are manufactured according to an EPA certificate of conformity and with an EPA emission 

label in the English language.

 (2) Importer responsible for reinstalling or replacing catalytic converter, oxygen sensor, and fuel filler neck 

restrictor after importation, as required. 

Section 1: Introduction Page 7 
 

 

 

 

 

Table 2 

Permanent Imports: Canadian Vehicles 

(EPA Form 3520-1) 

Identical to U.S. Version Not Identical to U.S. Version 

Owner/ 

Vehicle: Bond: 

May be 

Imported 

by: 

On 

Form 

3520-1 

Declare 

Code: 

Owner/ 

Vehicle: Bond: 

Approval 

Required: 

On 

Form 

3520-1 

Declare 

Code: 

Is a 1988 through 

2001 model year 

LDV, LDT, HDE, 

and on EPA list of 

Identical Canadian 

vehicles 

No Anyone EE 21 years or 

older, Identical 

or Not Identical 

No No E 

Has a letter from the 

U.S. Representative 

of the OEM attached 

to Form 3520-1 

No Anyone EE Canadian owner 

has documented 

immigrant, 

worker, or 

student status 

No No M 

Is on EPA identical 

list 

No Anyone EE Obtained 

through 

inheritance 

No No M 

Is on EPA identical 

list and imported for 

resale or lease 

No Anyone FF All others (are 

not excluded and 

do not qualify 

for an 

exemption) 

Must be imported by an ICI. See 

ICIs under Non-U.S. Version 

Vehicles. 

EPA recommends the importer obtain a letter of compliance from the manufacturer before 

attempting to import any vehicle, as this is also a requirement by other Federal agencies. 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 any other EPA requirements. 

Section 1: Introduction Page 8 
 

 

 

Table 3.1 

Permanent Imports: Non-U.S. Version Vehicles 

(EPA Form 3520-1) 

These vehicles/HDEs can be 

imported if: Individual has an EPA Exemption 

Vehicle: Bond: Approval Required: Code: 

21 years old or older No No E 

Identical to U.S. version vehicle or HDE* No No EE 

* Requires letter of proof from U.S. representative of the OEM. 

Table 3.2 

Permanent Imports: Imported by an ICI 

(EPA Form 3520-1) 

Vehicle: Bond: Condition: Code: 

Modification to specific certified 

vehicle 

No ICI must have certificate for specific 

make, model, original production (OP) 

year. 

A 

Modification & testing No Vehicle at least six OP years old. C 

Precertification testing Yes ICI has 120 days to obtain certificate or 

export. 

J 

Modified to be identical to OEM's 

U.S.-certified version vehicle or heavy 

duty engine* 

No Copy of OEM's instructions attached. Z 

Section 1: Introduction Page 9 
 

 

 

 

 

 

 

 

Table 4 

Vehicles Not Excluded and Imported Temporarily* 

(EPA Form 3520-1) 

Purpose May Be Imported By: Bond Required: 

On Form 3520-1 

Declare Code: 

Repair/Alteration Anyone Yes G 

Testing Anyone Yes I 

Display Anyone Yes K 

Diplomat/Armed 

Forces/Personnel on 

Official Business 

Foreign 

Diplomats/Military 

No N 

Non-resident Individual Nonresident No O 

*	 Prior EPA letter of approval is required for Temporary Importations, except for Foreign Diplomat and 

Foreign Armed Forces. For information on applying for an exemption, please contact the EPA Imports 

Help Line at (734) 214-4100 or Imports@epa.gov. 

Section 1: Introduction	 Page 10 
 

 

 

 

Table 5 

Excluded Vehicles 

(EPA Form 3520-1) 

A vehicle or engine is excluded if it is a: 

And was originally 

manufactured before: 

On Form 3520-1, 

Declare Code: 

Light-duty gasoline-fueled vehicle or truck January 1, 1968 E* 

Light-duty diesel-fueled vehicle January 1, 1975 E* 

Light-duty diesel-fueled truck January 1, 1977 E* 

Motorcycle January 1, 1978 E* 

Heavy-duty gasoline or diesel-fueled engine January 1, 1970 E* 

* All the above vehicles are now imported as 21 years old or older using code E. 

Other Exclusions 

Non-chassis-mounted engines: The engine is used for a light-duty-vehicle or light-duty truck. 

Declare code "W" on Form 3520-1. 

Racing vehicles: The vehicle is clearly for racing/competition purposes. The vehicle is 

incapable of safe and practical street or highway use. Anyone may import a racing vehicle; 

however, written EPA approval must be obtained before clearance at Customs and must be 

attached to Form 3520-1 declaring code "L." 

Runs solely on unregulated fuel: Declare code "Y" on Form 3520-1. 

Off-Road/Recreational Vehicles: For 2005 or earlier recreational vehicles (All Terrain 

Vehicles(ATVs) and Dirt bikes). Off-road vehicles will now use form 3520-21. See Table 6. 

The 2006 and later model year off-road vehicles are subject to certification. 

Racing vehicles require prior EPA approval . 

Section 1: Introduction Page 11 
 

 

 

Table 6 

Nonroad and Heavy-Duty Highway Engines 

(EPA Form 3520-21) 

Provision Code(s) Limitations 

U.S. certified engine or engine 

installed in a certified vehicle 

1 Must be covered by a valid U.S. EPA 

certificate of conformity and have a U.S. EPA 

emission control label in English. 

Permanent Exemptions for 

Nonconforming Engines 

2 - 9 National security exemption requires prior 

EPA approval. 

Replacement engine exemption does not 

apply to highway or locomotive engines. 

EPA letter of approval must be attached to 

permanent exemptions for all circumstances 

involving hardship. 

Identical configuration exemption does not 

apply to highway, locomotive or marine 

compression-ignition engines. 

Ancient engine exemption (first manufactured 

21 years earlier) does not apply to highway, 

locomotive, or marine engines. 

Temporary Exemptions for 

Nonconforming Engines 

10 - 16 Diplomatic or military exemption does not 

apply to locomotive or marine CI engines. 

Engines Not Yet Subject to 

EPA Emission Standards 

17 - 18 Engines must generally have already been 

placed into service. Marine CI engines below 

2.5 liters/cylinder and recreational vehicles 

must have been manufactured before the 2006 

and 2007 model year, respectively. 

Sterndrive/inboard marine engine exemption 

applies to Marine SI engines only. 

Exclusions 19 - 23 Competition, stationary*, underground 

mining (CI engines only), and hobby engines 

(SI engines and CI engines with a 

displacement below 50 cc/cylinder) are 

eligible for an exclusion. 

(cont.) 

Section 1: Introduction Page 12 
 

 

 

 

 

Table 6 

Nonroad and Heavy-Duty Highway Engines (cont.) 

(EPA Form 3520-21) 

Provision Code(s) Limitations 

Other Exemptions 24 - 27 Exemptions associated with the Transition 

Program for Equipment Manufacturers 

(TPEM) are for Category "D" (other nonroad 

CI engines) only and must specify maximum 

engine power or the regulatory power 

category. 

Personal-use exemptions are only for the 

importation of three or fewer small SI 

engines. 

Engines imported by an ICI are only for 

Categories A (Heavy-duty highway engines), 

and D (other nonroad CI engines). 

For other miscellaneous exemptions, 

importers should provide a description of the 

exemption along with a regulatory citation 

and EPA approval. 

*	 2007 model year Stationary compression-ignition engines are subject to certification. Please refer to 40 

CFR Parts 60 and 89. Rules for spark-ignition stationary engines were finalized on January 18, 2008. 

See: http://www.epa.gov/fedrgstr/EPA-AIR/2008/January/Day-18/a25394.pdf). 

Section 1: Introduction	 Page 13 
 

 

Section 2: Detailed Importing Requirements 

This section provides detailed information for importing vehicles or engines either 

permanently or temporarily. This section also includes information on vehicles and engines that 

are either subject to an exemption from importation requirements, or completely excluded from 

the emission requirements of the CAA, and thus, also not subject to EPA's importation 

requirements. 

2.1. Permanent Importations for Vehicles and Engines 

The following sections outline the requirements for permanent imports of vehicles and 

engines. The first three sections (2.1.1, 2.1.2, and 2.1.3) describe the criteria and requirements 

for U.S. Version Vehicles, Canadian Vehicles, and Non-U.S. Version Vehicles, respectively. 

These import requirements generally correspond to EPA Form 3520-1. Section 2.1.4 includes a 

summary of the relevant requirements for Nonroad and HD Highway Engines (HDEs) which 

correspond to EPA Form 3520-21. 

2.1.1 U.S. Version Vehicles 

U.S. version vehicles are vehicles that were: (1) manufactured in conformity with 

Federal emission requirements, (2) manufactured in accordance with a specific EPA certificate 

of conformity, and (3) manufactured with a U.S. emissions compliance label in the engine 

compartment that identifies them in the English language as conforming to all EPA requirements 

(see Section 3.2 Locating the Vehicle Emissions Label). Many U.S. version cars and light-duty 

trucks built since the mid 1970s and almost all U.S. version cars and light-duty trucks built since 

1980 were originally manufactured with a catalytic converter and/or oxygen sensor. 

Not all vehicles equipped with catalytic converters are certified U.S. version vehicles. 

For example, virtually all catalyst equipped vehicles marketed by manufacturers for sale in 

Europe are not certified U.S. versions. For a vehicle to be eligible for importation as a U.S. 

version vehicle, it must have a manufacturer-equipped EPA emissions label in the English 

language in the engine compartment (or on the frame of a motorcycle, or on the block of a HDE), 

or it must be accompanied by a letter from the U.S. representative of the manufacturer that states 

the vehicle was originally manufactured to be a U.S. certified version or subsequently converted 

to conform to EPA requirements. Otherwise, the vehicle will be considered by EPA to be a nonU.S. version vehicle (see Section 2.1.3 Non U.S. Version Vehicles). 

2.1.1.1 Shipping a U.S. Version Vehicle Overseas 

If you believe that unleaded gasoline may not be available in all areas that the vehicle 

will be driven, you may obtain authorization from EPA to remove the catalyst and oxygen 

sensors before the vehicle is shipped overseas. Removing the catalyst and oxygen sensors prior 

to shipping the vehicle overseas protects them from possible contamination from leaded 

gasoline. The catalyst and oxygen sensors must then be reinstalled when the vehicle returns to 

the U.S. To obtain EPA authorization to remove the catalyst and oxygen sensors, call the Air 

Enforcement Division at (202) 564-7106. 

Section 2: Other Import-Related Requirements and Information Page 14 
 

 

EPA has determined that unleaded gasoline is still available in certain countries. The 

vehicle owner is responsible for determining whether unleaded gasoline is available or used in 

the country in which the owner intends to operate the U.S. version vehicle. 

2.1.1.2 Importing a U.S. Version Vehicle 

U.S. version vehicles that have been driven overseas are subject to Federal emission 

requirements upon importation into the U.S. As described below, the requirements and 

restrictions that will apply when importing your vehicle vary depending on whether the vehicle 

has been modified/altered. 

(a) Vehicle Not Modified or Altered 

The U.S. version vehicle has not been modified or altered. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"B"; and 

●	 Importer must be able to demonstrate that the vehicle is a U.S. version, upon request by 

U.S. Customs or EPA. 

(b) Catalyst, Oxygen Sensors, or Filler Neck Restrictor Removed or Altered 

The U.S. version vehicle has had its catalyst, oxygen sensors, or filler neck restrictor 

removed or altered. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"F." 

●	 The importer must reinstall or replace the catalyst, oxygen sensors, or fuel filler neck 

restrictor, as applicable, after the vehicle is imported. 

●	 If leaded gasoline was used, the importer must, after importation: 

1. Drain the fuel tank and refill it with unleaded gasoline; and 

2. Replace the catalyst and oxygen sensors, if they were left in the vehicle during use of 

the leaded gasoline. 

● Importer must be able to demonstrate that the vehicle is a U.S. version, upon request by 

U.S. Customs or EPA. 

Section 2: Other Import-Related Requirements and Information Page 15 
 

 

2.1.2 Canadian Vehicles 

Canadian vehicles are certified to Canadian requirements and originally manufactured for 

sale in Canada (regardless of the country in which they were produced). While many are 

manufactured to be identical to U.S. certified vehicles with respect to emission requirements 

(especially beginning with the 1988 model year), they may be manufactured without a U.S. 

emissions compliance label identifying them as conforming to U.S. EPA requirements (see 

Section 3.2 Locating the Vehicle Emissions Label). If your vehicle contains such a label, it may 

be imported as a U.S. version vehicle (see Section 2.1.1 U.S. Version Vehicles). If your vehicle 

does not contain such a label, you must import your vehicle according to one of the options 

described below. 

NOTE: These options relate only to compliance with EPA requirements. Your vehicle may 

also be subject to requirements of the U.S. Department of Transportation, such as lighting 

and passive restraints, and to the gas guzzler tax of the Internal Revenue Service. 

Canadian vehicles imported into the U.S. are categorized as either identical to U.S. 

version vehicles or not identical to U.S. version vehicles with regard to emission requirements. 

These scenarios are described in further detail in the following two sections. 

2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles 

If the Canadian vehicle is identical, in all material respects to a U.S. version vehicle as 

identified in the OEM's EPA certification application, it may be imported by anyone. No 

Customs bond or approval is required by EPA in these cases, but the imported vehicle must meet 

one of the following two conditions. 

1. 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. 

2. 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)) http://www.epa.gov/otaq/imports/canadian.htm. 

Requirements: 

●	 Importer for personal use must file with U.S. Customs, upon entry, an EPA Form 3520-1 

declaring code "EE" and if condition (2) above is applicable, attach the letter from the 

OEM's U.S. representative. 

●	 Importer for resale must file with U.S. Customs, upon entry, an EPA Form 3520-1 

declaring code "FF" and if condition (2) above is applicable, attach the letter from the 

OEM's U.S. representative. 

Section 2: Other Import-Related Requirements and Information Page 16 
 

 

NOTE: Generally, EPA only accepts compliance information from the OEM's U.S. 

representative. However, as an exception to this rule, statements of conformity will be 

acceptable to EPA as evidence of conformity from OEM Canadian representatives if they 

are signed by a representative of the vehicle emission compliance department. You should 

notify the OEM that your Canadian vehicle is being moved to the U.S., so that you may 

receive any future maintenance or recall notices that may be distributed by the OEM. 

2.1.2.2 Canadian Vehicles Not Identical to U.S. Version Vehicles 

If the Canadian vehicle was not manufactured by the OEM to be identical in all material 

respects to a vehicle certified for sale in the U.S., the vehicle may be imported without a 

Customs bond required by EPA through one of the following exemptions. 

(a) 21 Years Old or Older 

If the Canadian vehicle is 21 original production (OP) years old or older and it is in its 

original unmodified configuration, there is no Customs bond required by EPA, nor any written 

EPA approval. Note that the value for "OP years old" is determined by subtracting the calendar 

year the vehicle was manufactured from the calendar year the vehicle was imported. 

Requirements: 

●	 Demonstrate to U.S. Customs, upon entry, or to EPA, that the vehicle is 21 OP years old 

or older. Generally, the vehicle's Canadian registration or title is adequate proof. 

●	 File EPA Form 3520-1 with U.S. Customs upon entry, and declare code "E." 

Restrictions: 

●	 The vehicle must be in its original unmodified configuration. 

●	 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. 

(b) Immigrant, Worker, or Student Exemption 

If the vehicle is being imported by any person either with permanent Canadian immigrant 

status, or with Canadian worker or student status for greater than one year, no Customs bond is 

required by EPA. In addition, written EPA approval is not required. The immigrant exemption 

should not be used if the vehicle is identical to a U.S. version vehicle (see Section 2.1.2.1 

Canadian Vehicles Identical to U.S. Version Vehicles, above). 

Section 2: Other Import-Related Requirements and Information Page 17 
 

 

Requirements: 

●	 Importer must offer documented proof that he/she has obtained permanent Canadian 

immigrant status or Canadian worker or student status in the U.S. for greater than one 

year (for periods up to a year, we recommend that eligible importers obtain a nonresident 

exemption, EPA Form 3520-1 code "O" from Customs). 

●	 Importer must prove that the vehicle is Canadian by attaching one of the following to the 

EPA Form 3520-1: 

1. Copy of Canadian registration or title for the vehicle; 

2. A letter from the manufacturer's U.S. or Canadian representative (for a list see 

Manufacturer's U.S. Representatives) which states that the vehicle was manufactured 

to comply with the applicable Canadian emission requirements; or 

3. A sales receipt showing that the vehicle was purchased from a Canadian dealership 

and was new at the time it was purchased. 

●	 Importer must attach to the EPA Form 3520-1 proof that the importer owned the vehicle 

prior to moving to the U.S. The vehicle's Canadian title or registration in the name of the 

importer is considered adequate proof. 

●	 Immigrant must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"M," and attach the required documents. 

Restrictions: None. 

(c) Inheritance Exemption 

U.S. resident has obtained a vehicle from a Canadian resident by inheritance. 

●	 Recipient of vehicle must attach the following to the EPA Form 3520-1: 

1. Proof (e.g., copy of a will) that the vehicle was obtained from a Canadian resident by 

inheritance; and 

2. Proof that the vehicle is Canadian and that the Canadian resident purchased the 

vehicle for their own use. Copy of the vehicle's Canadian title or registration in the 

name of that Canadian resident is adequate proof. 

●	 Owner or recipient of vehicle must file with U.S. Customs, upon entry, an EPA Form 

3520-1 declaring code "M," and attach the required documents. 

Section 2: Other Import-Related Requirements and Information Page 18 
 

 

 

(d) Other Exemptions 

Canadian vehicles or importers of Canadian vehicles also have the same options as for 

non-Canadian vehicles. See Non-U.S. Version Vehicles for more importation options if a 

Canadian vehicle is not identical to a U.S. version and is not yet 21 years old, and the importer 

lacks Canadian immigrant, worker, or student status. 

2.1.3 Non-U.S. Version Vehicles 

Non-U.S. version vehicles are nonconforming vehicles that were: (1) not manufactured 

in conformity with Federal emission requirements, or (2) not manufactured in accordance with a 

specific EPA certificate of conformity, or (3) not manufactured with a U.S. emissions 

compliance label in the engine compartment that identifies it in the English language as 

conforming to all EPA requirements. Non-U.S. version vehicles also include any vehicle 

originally manufactured as a U.S. version vehicle but that has been altered such that it is no 

longer in an EPA certified configuration (i.e., modifications or alterations or substitutions of the 

engine, emission control system, transmission, transaxle, differential, fuel system, or any other 

feature that defines the exact vehicle configurations that were certified by the manufacturer). 

Importers with a modified or altered U.S. version vehicle may enter the vehicle as a nonconforming vehicle under the requirements of this section. Also, non-U.S. version vehicles 

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

eligible for an exemption as described in Section 2.1.3.2 Importation of Non-U.S. Version 

Vehicles by an Individual. 

2.1.3.1 EPA's Policy Regarding Non-U.S. Version Vehicles 

The regulations governing EPA's program for importing non-U.S. version vehicles were 

originally provided for in 1972 in the Clean Air Act (Act). These regulations ensure that all 

imported vehicles are brought into conformity with applicable emission standards. Section 203 

of the Act prohibits importing any motor vehicle or motor vehicle engine not covered by a 

certificate of conformity unless it is exempted by EPA or otherwise authorized jointly by EPA 

and Customs. 

The authority to allow the importation of nonconforming vehicles is discretionary with 

EPA and Customs. Customs will not permit admission of your vehicle until both emission 

(EPA) and safety (Department of Transportation) requirements for conditional admission are 

met, as well as all other Federal requirements. For a non-U.S. version vehicle to enter the U.S., 

it must be imported by either an individual who has a written letter of exemption from EPA, or 

by an ICI, who is a private business in the U.S. that holds a current, valid EPA certificate of 

conformity. The ICI will modify and test the vehicle, as applicable, to meet the EPA emission 

requirements. 

2.1.3.2 Importation of Non-U.S. Version Vehicles by an Individual 

An individual may import a non-U.S. version vehicle only if the individual (1) qualifies 

for an exclusion (see Section 2.4 Excluded Vehicles) or (2) qualifies for and obtains a written 

letter of exemption from EPA. The vehicle may then be imported without a Customs bond 

Section 2: Other Import-Related Requirements and Information Page 19 
 

 

required by EPA; however, the written EPA approval letter must be obtained prior to the 

shipment and/or importation of the vehicle or engine. 

There are three types of exemptions for non-U.S. version vehicles by an individual. 

Below is a description of each type of exemption along with the requirements you will need 

when importing your vehicle and the restrictions that will apply to your vehicle. 

(a) Exemption for Non-U.S. Version Vehicles 21 Years Old or Older 

The vehicle is 21 OP years old or older and in original unmodified configuration. 

Requirements: 

●	 Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "E." 

●	 Customs may require proof of vehicle age. 

●	 "OP Years" are determined by subtracting the year a vehicle was manufactured from the 

year it was imported. 

Restrictions: 

●	 The vehicle must be in its original unmodified configuration. 

●	 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. 

(b) Hardship Exemption for Non-U.S. Version Vehicles 

The vehicle is imported by an individual under "... unforeseen cases of extreme hardship 

or extraordinary circumstances (40 CFR 85.1511(c)(2))." An example of a possible hardship 

exemption is a disabled person who needs a special vehicle that is unavailable in a U.S. certified 

configuration. Written EPA approval must be obtained before clearance at Customs. 

The following circumstances are NOT considered by EPA to be unforeseen cases of 

extreme hardship or extraordinary circumstances: 

1. The importer did not know that the vehicle needed to be converted to comply with U.S. 

requirements; 

2. The high cost of converting a non-U.S. version vehicle to meet the U.S. requirements, 

even if the cost exceeds the value of the vehicle; 

3. Costs, losses, or other difficulties associated with poor financial judgment or the 

acceptance of a high level of risk (such as the purchase of a non-U.S. version vehicle, 

whether or not the original intent was to eventually ship it to the U.S.; difficulties in 

selling the non-U.S. version vehicle overseas; low resale value of the non-U.S. version 

vehicle that would result in financial loss if it were sold overseas; large bank or credit 

Section 2: Other Import-Related Requirements and Information Page 20 
 

 

union loans, credit card balances or other debts, including for the non-U.S. version 

vehicle and other consumer products, etc.); 

4. Change of geographical location caused by employment status or employer requirements, 

whether or not the requirement to change location of employment was given 

unexpectedly or with little notice; or 

5. Lack of cooperation from the vehicle manufacturer. 

Requirements: 

●	 Importer must obtain approval from EPA by submitting to EPA: 

1. The importer's name, address, and daytime telephone number. 

2. Vehicle information (make, model, model year, Vehicle Identification Number 

(VIN)), copy of the current registration, title, or sales receipt identifying the vehicle 

and owner. 

3. Inclusive financial information (if applicable to the unforeseen cases of extreme 

hardship or extraordinary circumstances) of: 

a. Financial assets (earnings and holdings) including, but not limited to, wages, bank 

accounts, bonds, stocks, real estate, etc.; and 

b. Financial burden (living expenses) on a monthly or yearly basis, including but not 

limited to housing, food, transportation, clothes, utilities, loans, etc. 

4. A description of the need for the vehicle, including other vehicles currently owned by 

the immediate family and their use; why the other vehicles (if any) in the immediate 

family or mass transportation cannot fulfill the need; and why a "reasonable" used 

U.S. version vehicle cannot be purchased to fulfill the need. 

5. A description of the "unforeseen ... extreme hardship or extraordinary circumstances." 

●	 Importer must file with Customs, upon entry, an EPA Form 3520-1, declaring code "M," 

and attach EPA approval letter. 

● Importer should keep a copy of EPA approval letter for future proof of EPA exemption. 

Restrictions: None. 

(c) Exemption for Non-U.S. Version Vehicles that are Identical to U.S. 

Version Vehicles 

Section 2: Other Import-Related Requirements and Information Page 21 
 

 

The vehicle, prior to importation, is identical in all material respects to a vehicle 

identified in an OEM's certification application. No Customs bond is required by EPA (see also 

Section 2.1.2.1 Canadian Vehicles Identical to U.S. Version Vehicles). 

Requirements: 

● Importer must obtain a letter from the OEM's U.S. representative (see Manufacturer's 

U.S. Representatives for a list) stating the vehicle (make, model, model year, VIN), at the 

time of manufacture, conformed to all U.S. emission requirements applicable to the 

appropriate model year (except possibly for warranty and labeling). 

●	 Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "EE" 

and attach letter from OEM's U.S. representative. 

Restrictions: 

●	 The vehicle may not be imported for the purpose of resale, except for Canadian vehicles. 

●	 An OEM may not import a vehicle using this exemption. 

NOTES: 

1. Regardless of the requirements above being satisfied, a vehicle is not eligible for this 

exemption if it has been modified or altered such that the vehicle configuration is not 

covered under the manufacturer's certificate of conformity. 

2. Obtaining a letter from the OEM's U.S. representative is the responsibility of the 

importer. EPA does not have authority over manufacturers' non-U.S. version vehicles. 

Some manufacturers may not provide such letters. Failure to obtain such a letter is not 

justification for a hardship exemption. 

2.1.3.3 Importation of Non-U.S. Version Vehicles by an ICI 

An ICI is an Independent Commercial Importer that has been issued a current, valid EPA 

Certificate of Conformity, and who is not the original vehicle manufacturer (OEM), and who 

does not have a contractual agreement with the original manufacturer to act as its authorized 

representative for the distribution of vehicles or engines into the U.S. market. ICIs act 

independent of the OEM, but must follow the same emission requirements imposed on OEMs by 

the Clean Air Act. All ICIs are located in the U.S. 

Section 2: Other Import-Related Requirements and Information Page 22 
 

 

An ICI who imports your nonconforming vehicle is responsible for: 

1. Having obtained an applicable certificate of conformity to import your vehicle (or 

using your vehicle as a "prototype" test vehicle to obtain the applicable certificate of 

conformity). 

2. Entering your vehicle through U.S. Customs. 

3. Performing all modifications and emissions testing, if required, after the vehicle enters 

the United States (see Section 1.3 Emissions Testing). 

4. Submitting the Fee Filing Form 3520-29 for the vehicle. 

5. Reporting the modifications and testing results to EPA if required, as well as holding 

the vehicle for 15 Federal working days beginning with the date that EPA receives this 

report (or longer if EPA so notifies the certificate holder). During this period and the 

period preceding this report, the vehicle cannot be sold, offered for sale, returned to 

the owner, or driven on public roads or highways. 

6. Bearing responsibility for the vehicle's compliance with emission standards over the 

vehicle's useful life. This includes pre-release inspections and subsequent emission 

recalls by EPA. 

7. Ensuring that the vehicle contains an emissions label (in the name of the ICI) and 

providing you with prepaid emission warranties and maintenance instructions for the 

vehicle (See Section 3.2 Locating the Vehicle Emissions Label). 

8. Performing fuel economy tests and providing you with gas guzzler tax forms. 

While it is the ICI's responsibility to provide vehicle owners with fuel economy test 

results and gas guzzler tax forms, it is the vehicle owner's responsibility to report and pay any 

applicable gas guzzler taxes to the U.S. IRS. 

Any person or business that desires to become an ICI first should become knowledgeable 

of the requirements for ICIs (40 CFR Part 85, Subpart P) and of Certification (40 CFR Part 86), 

and then must obtain at least one certificate of conformity from EPA's Compliance and 

Innovative Strategies Division in accordance with those regulatory requirements. 

ICIs import vehicles into the U.S. for modification and testing purposes so that the 

vehicles, upon final admission by EPA, comply with Federal emission requirements. Whether a 

vehicle may be imported depends on several factors, including the year in which the vehicle will 

be imported and the qualifications of the ICI. First, eligibility varies from year to year depending 

upon the age of the vehicle. A vehicle's age is determined by subtracting the calendar year in 

which it was originally manufactured from the calendar year of importation. For example, a 

European manufactured vehicle built in 1998 and imported into the U.S. in 2008 would be ten 

Section 2: Other Import-Related Requirements and Information Page 23 
 

 

years old. Second, the ICI has to have a currently valid certificate of conformity, and if the 

vehicle's age is less than six years old, the ICI must have a currently valid certificate of 

conformity for a vehicle specifically like yours (i.e., same make, model, model year, and engine). 

Before making any purchase or shipping arrangements, you should be sure that there is 

an ICI who is eligible and willing to import your vehicle and that you are prepared to pay the ICI 

charges. (See: List of Independent Commercial Importers). Vehicles required to be imported 

by ICIs must be entered through Customs by the ICI, not the vehicle owner. The vehicle owner 

may not take possession of the vehicle until after the vehicle has met all EPA requirements and 

has been finally admitted by EPA. 

There are three types of importations by ICIs as described below in items (a) through (d). 

(a) Modification & Testing of Vehicles Six OP Years or Older 

An ICI may import a vehicle that is six OP years or older, and requires modification and 

testing to comply with Federal emission requirements. No bond is required by EPA, nor is 

written EPA approval required. 

Requirements: 

●	 ICI must have any currently valid certificate of conformity. 

●	 ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "C." 

●	 ICI must bring the vehicle into compliance with Federal emission requirements. 

●	 ICI must conduct Federal emissions city and highway test on every vehicle to 

demonstrate compliance with applicable emission standards. 

●	 ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported 

vehicle or engine to EPA and hold vehicle for 15 Federal working days (or more if 

required by EPA) after submitting the 3520-8 form. 

Restrictions: 

●	 Vehicle must not be driven on public roads or highways until after final admission by 

EPA. 

●	 Vehicle must not be given to owner (for use or storage) until after final admission by 

EPA. 

●	 Vehicle must comply with the current emission standards and other requirements 

applicable at the time of importation. An ICI may import in any one certificate year a 

total of 50 light-duty vehicles, light-duty trucks and medium-duty passenger vehicles 

and/or 50 motorcycles which comply with the U.S. EPA Federal emission standards and 

other requirements which are applicable for the OP year of the vehicle. 

Section 2: Other Import-Related Requirements and Information Page 24 
 

 

(b) Modification & Testing of Vehicles Less than Six OP Years 

An ICI may also import a vehicle that is less than six OP years old, and requires 

modification and testing in order to comply with Federal emission requirements. Again, no 

Customs bond is required, nor is written EPA approval required. 

Requirements: 

●	 ICI must already have an EPA certificate of conformity for the specific model year, 

make, model, and engine of the vehicle (e.g., 1990 Mercedes-Benz 500) it desires to 

import, or ICI must use the vehicle as a prototype (test vehicle) to obtain the necessary 

certificate of conformity. 

●	 ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "A" (or 

code "J" if vehicle is being used as a prototype to obtain a certificate of conformity). 

●	 ICI must bring vehicle into compliance in accordance with certificate of conformity. 

●	 ICI must conduct Federal emissions city and highway tests on every third vehicle 

imported under a certificate of conformity to demonstrate compliance with Federal 

emission standards. 

●	 ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported 

vehicle or engine to EPA and hold vehicle or engine for 15 Federal working days (or 

more if required by EPA) after submitting the 3520-8 form. 

●	 Vehicle must comply with the current emission standards and other requirements 

applicable at the time of importation. An ICI may import in any one certificate year a 

total of 50 light-duty vehicles, light-duty trucks, medium-duty passenger vehicles or 50 

motorcycles which comply with the U.S. EPA Federal emission standards and other 

requirements which are applicable to the OP year of the vehicle. 

Restrictions: 

●	 Vehicle must not be driven on public roads or highways (except for the driving necessary 

to obtain a certificate of conformity) until final admission by EPA. 

●	 Vehicle must not be released to the owner (for use or storage) until after final admission 

by EPA. 

(c) Modification to OEM Certified Version 

An ICI can import a vehicle that requires modification in order to be identical to an OEM 

certified version. The modifications must be conducted in accordance with written instructions 

from the U.S. representative of the OEM that are specific to the vehicle. No Customs bond is 

required, nor is written EPA approval required. 

Section 2: Other Import-Related Requirements and Information Page 25 
 

 

Requirements: 

●	 ICI must obtain copy of the modification instructions from the U.S. representative of the 

OEM prior to importation. 

●	 ICI must file with Customs, upon entry, an EPA Form 3520-1 declaring code "Z." 

●	 ICI must attach a copy of the OEM instructions to EPA Form 3520-1. 

●	 ICI must modify vehicle in accordance with the OEM instructions. 

●	 ICI must submit EPA form 3520-8 for Final Admission of nonconforming imported 

vehicle or engine to EPA and hold vehicle for 15 Federal working days (or more, if 

required by EPA) after submitting the 3520-8 form. 

Restrictions: 

●	 Vehicle must not be driven on public roads or highways until after final admission by 

EPA. 

●	 Vehicle must not be released to owner (for use or storage) until after final admission by 

EPA. 

●	 Vehicle must comply with the current emission standards and other requirements 

applicable at the time of importation. An ICI may import in any one certificate year a 

total of 50 light-duty vehicles, light-duty trucks, medium-duty passenger vehicles, or 50 

motorcycles which comply with the U.S. EPA Federal emission standards and other 

requirements which are applicable to the OP year of the vehicle. 

NOTES: 

1. Regardless of the requirements above being satisfied, a vehicle is not eligible for this 

exemption if it has been modified or altered such that the vehicle configuration is not 

covered under the original manufacturer's certificate of conformity. 

2. Obtaining a letter from the OEM's U.S. representative is the responsibility of the 

importer. EPA does not have authority over manufacturer's non-U.S. version vehicles. 

Some manufacturers do not provide such letters. Failure to obtain such a letter is not 

justification for a hardship exemption. 

Section 2: Other Import-Related Requirements and Information Page 26 
 

 

2.1.4 Nonroad or Heavy-Duty Highway Engines 

Importers using Form 3520-21 check box 1 if importing a U.S. certified engine or engine 

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. 

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

equipment that must conform to EPA requirements and emission standards, and can be imported 

using EPA Form 3520-21. These categories are subject to EPA emission standards under a 

variety of different rules (as referenced below), and include the following: 

●	 Heavy-duty highway engines for use in vehicles with gross weight of over 8,500 pounds 

(see 40 CFR 85 and 86); 

●	 Locomotives or locomotive engines (see 40 CFR 92 and 1033); 

●	 Marine compression-ignition engines including propulsion and auxiliary engines (see 40 

CFR 94 and 1042); 

●	 Other nonroad compression-ignition engines below 37 kW 40 (see 40 CFR 89, 1039, and 

1068); 

● Marine spark-ignition engines (see 40 CFR 91 and 1045); 

●	 Recreational spark-ignition engines and vehicles such as snowmobiles, off-highway 

motorcycles, all-terrain vehicles and off-road utility vehicles that are subject to the same 

emission standards as all-terrain vehicles (see 40 CFR 1051 and 1068); 

●	 Other nonroad spark-ignition engines at or below 19 kW (or at or below 30 kW if 

displacement is at or below 1,000 cc) (see 40 CFR 90 and 1054); and 

●	 Other nonroad spark-ignition engines above 19 kW (or above 30 kW if displacement is at 

or below 1,000 cc) (see 40 CFR 1048 and 1068). 

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

vehicle. 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. 

2.1.4.1 Permanent Exemptions for Nonroad or Heavy-duty Highway Engines 

There are a number of cases where a permanent exemption may apply to a heavy duty 

highway engine or nonroad engine/vehicle. Importers should check the appropriate option using 

boxes 2 through 9 on Form 3520-21 if importing a non-conforming engine under one of the 

following permanent exemptions (see the form for applicable regulatory references): 

Section 2: Other Import-Related Requirements and Information Page 27 
 

 

●	 National security. For certain types of tactical equipment, this exemption may require 

prior EPA approval. 

●	 Manufacturer-owned engines (i.e., manufacturers holding a current U.S. EPA certificate 

of conformity). 

●	 Replacement engines (exemption does not apply to highway or locomotive engines). 

●	 Extraordinary circumstances/hardship (an EPA letter of approval must be attached to the 

form). 

●	 Small-volume manufacturers (an EPA letter of approval must be attached to the form). 

●	 Equipment-manufacturer hardship (an EPA letter of approval must be attached to the 

form). This exemption can also apply to secondary engine manufacturers. 

●	 Identical configuration. Under this exemption, an engine must be identical in all material 

respects to a U.S.-certified version as demonstrated by letter from the enginemanufacturer contact on the Customs list, subject to EPA review at Customs' discretion. 

This exemption does not apply to highway, locomotive, or marine compression-ignition 

engines. In addition, the applicable regulations may require that you own the engine for a 

certain period before and after importation. 

●	 Ancient engine (i.e., first manufactured at least 21 years earlier that is still in its original 

configuration). This exemption does not apply to highway, locomotive, or marine 

engines. 

The applicable regulatory references are listed on EPA Form 3520-21. 

2.1.4.2 Other Exemptions for Nonroad or Heavy-duty Highway Engines 

Importers should check box 17 or 18, as appropriate, on Form 3520-21 if importing an 

engine that is not yet subject to U.S. EPA emission standards: 

●	 Engines manufactured before emission standards were in effect will generally be eligible 

for an exemption if they have already been placed into service. 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). 

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 an exemption for one of the following 

specific engine categories or other special cases: 

Section 2: Other Import-Related Requirements and Information Page 28 
 

 

●	 Transition Program for Equipment Manufacturers (only applies to the "other nonroad 

compression ignition engine" category or Category D on EPA Form 3520-21). Importers 

should specify the maximum engine power in kW or horsepower (hp) or identify the 

regulatory power category. 

●	 Personal-use only applies if three or fewer nonroad spark-ignition engines at or below 19 

kW are being imported for purposes other than resale, and if the importer has never 

previously used this exemption, subject to the provisions of 40 CFR 90.611. 

●	 ICI Imports (only applies to heavy duty highway engines, locomotives, locomotive 

engines, marine CI engines and other nonroad CI engines as identified in Categories A 

and D on EPA Form 3520-21). ICIs must identify one of the following conditions for 

purposes of this exemption: 

-- For modification under a valid EPA certificate issued for the specific make, model, 

and model year. 

-- For modification and testing (if the imported engine is at least six years old). 

-- For precertification testing to obtain an EPA certificate. A Customs bond is required, 

and the ICI must specify the location of storage. 

Under these options, ICIs may import up to five highway engines and five nonroad 

engines in a given model year. These engines must be certified to standards based on an engine's 

OP year. The ICI may import any number of engines certified to standards that apply based on 

the year the engine is modified (see 40 CFR 85.1503 and 89.603). 

For other exemptions, check box 27. The importer must describe the exemption, attach 

EPA approval (if applicable), and identify the regulatory citation. 

2.1.4.3 Excluded Nonroad or Heavy-duty Highway 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 U.S. EPA emission standards. These options are as 

follows: 

●	 Competition (i.e., engines used solely for competition). An EPA letter of approval must 

be attached to the form. 

●	 Stationary -- model year 2006 and earlier (i.e., an engine that is used for a stationary 

purpose and remains at a single site at a building, structure, facility, or installation for 

more than 12 consecutive months throughout its lifetime, or remains at a seasonal source 

during its full annual operating period). The engine must be labeled. Note that 2007 

model year Stationary CI engines are subject to certification (see 40 CFR Parts 60 and 

89). In addition, a final rule was published on January 18, 2008 for Stationary SI engines 

Section 2: Other Import-Related Requirements and Information Page 29 
 

 

(the final rule was placed in the EPA Docket under EPA-HQ-OAR-2005-0030-0278, see: 

http://www.epa.gov/fedrgstr/EPA-AIR/2008/January/Day-18/a25394.pdf). 

●	 Underground mining (i.e., engines that are used in underground mining and regulated by 

the Mining Safety and Health Administration (MSHA)). This exclusion applies to 

compression-ignition engines only. 

●	 Hobby Engines. This exclusion applies to spark-ignition engines powering a reducedscale model of a vehicle not capable of transporting a person, or a compression-ignition 

engine with displacement below 50 cc per cylinder. 

2.2 Temporary Importations of Vehicles or Engines 

Vehicles and engines imported into the U.S. temporarily may be eligible for an 

exemption from complying with Federal emission requirements. In these cases, prior written 

approval from EPA is required. 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. 

The period of the EPA exemption is the same as that authorized by U.S. Customs for the entry. 

There are five types of temporary importation exemptions for vehicles and seven types 

for nonroad or heavy-duty highway engines. Sections 2.2.1 through 2.2.5 include a description 

of each type of exemption for vehicles along with the requirements you must meet when 

applying for a specific exemption and the restrictions that will apply to your vehicle. Section 

2.2.6 describes similar temporary exemptions for nonroad or heavy-duty highway engines. 

2.2.1 Temporary Vehicle Imports for Repair/Alteration 

If the vehicle is imported solely for repair or alteration, a Customs bond is required and 

written EPA approval must be obtained prior to importation. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"G" and attach the EPA letter of exemption; 

●	 Importer must post a bond with U.S. Customs; and 

●	 Importer should keep a copy of the EPA approval letter for future proof of EPA 

exclusion. 

Restrictions: 

●	 Repair/Alteration exemptions may not be used for the purposes of converting vehicles to 

meet Federal emission requirements, or for storing vehicles (e.g., temporary storage 

pending conversion or exportation); 

Section 2: Other Import-Related Requirements and Information Page 30 
 

 

●	 Vehicle may not be operated on public roads or highways in the U.S. (NOTE: If driving 

vehicle on roads is a necessary part of a testing program, see Section 2.2.3, below); 

●	 Vehicle may not be sold or otherwise transferred to another party in the U.S.; and 

●	 Vehicle must be exported after the repair or alteration, or upon expiration of the 

exemption, whichever comes first. 

2.2.2 Temporary Vehicle Imports for Display 

Anyone may import a vehicle for a legitimate display purpose as determined by EPA. 

However, EPA requires a Customs bond and a written EPA approval letter, which must be 

obtained prior to importation. Generally, a legitimate display purpose is in the interest of the 

general public (e.g., display in a public museum, display at a charity event) or a business (e.g., to 

test the market for a new product). The use of this exemption for private purposes is not 

permitted, and offering a nonconforming vehicle for sale, as a gift, or as a prize in the U.S. 

violates the Clean Air Act. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"K" and must attach the EPA letter of exemption; 

●	 Importer must post a bond with U.S. Customs; and 

●	 Importer should keep a copy of the EPA approval letter for future proof of EPA 

exclusion. 

Restrictions: 

●	 Vehicle may not be operated on public roads or highways in the U.S., except for that 

operation necessary for the display purpose (e.g., filming of vehicle for a movie or 

advertisement). However, the vehicle must to be transported to the display location (e.g., 

the film/advertisement studio) without driving on the public roads. If the vehicle must be 

driven for the purpose of testing (e.g., demonstrating a brake system), the importer must 

import the vehicle under the "Testing" exemption (see Section 2.2.3, below); 

●	 Vehicle may not be sold in the U.S., or used for selling (i.e., taking orders for) similar 

vehicles in the U.S.; 

●	 Vehicle may not be offered as a gift or prize in the U.S.; and 

●	 Vehicle must be exported, destroyed or brought into compliance through the services of 

an ICI at the end of the display purpose, or expiration of the exemption, whichever occurs 

first. 

Section 2: Other Import-Related Requirements and Information Page 31 
 

 

2.2.3 Temporary Vehicle Imports for Testing 

Anyone may import a vehicle or engine for testing purposes involving research, 

investigations, studies, demonstrations, or training. The vehicle or engine may be operated on 

public roads provided such operation is an integral part of the test program. EPA requires that a 

Customs bond, and a written EPA approval letter be obtained before importation. 

The importer carries the burden of proof that the proposed test program constitutes an 

appropriate basis for an exemption, and must satisfy all the requirements of 40 CFR 85.1705. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"I" and attach the EPA letter of exemption; 

●	 Importer must post a bond with U.S. Customs; and 

●	 Importer should keep a copy of the EPA approval letter for future proof of EPA 

exclusion. 

Restrictions: 

●	 Vehicle may be driven on public roads and highways in the U.S. only as an integral part 

of the test program; 

●	 Vehicle may not be sold or otherwise transferred to another party in the U.S.; and 

●	 Vehicle must be exported, destroyed or brought into compliance through the services of 

an ICI at the end of the test purpose, or expiration of the exemption, whichever comes 

first. 

2.2.4 Temporary Vehicle Imports for Diplomats 

A vehicle may be imported by a member of the armed forces of a foreign country, or a 

representative of an international organization, or personnel of a foreign government on 

assignment in the U.S. who come within the class of persons for whom free entry has been 

authorized in writing by the U.S. Department of State. A vehicle may be imported temporarily 

for personal use by a member of the armed forces of a foreign country and has official orders for 

duty in the U.S. Neither a Customs bond nor EPA approval is required. 

Requirements: 

●	 Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "N"; 

and 

●	 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, must be attached to Form 3520-1. 

Section 2: Other Import-Related Requirements and Information Page 32 
 

 

Documents from foreign governments or other U.S. agencies are not acceptable, except 

for orders for duty in the U.S. for members of the armed forces of foreign countries. 

Restrictions: 

●	 Vehicle may not be sold or otherwise transferred to another party in the U.S., unless the 

new owner also has the required U.S. Department of State authorization, or 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; and 

●	 Vehicle must be exported at the end of the authorizing assignment, or U.S. Department of 

State authorization for free entry of vehicle, whichever comes first. Alternately, an ICI 

may bring the vehicle into compliance with Federal emission requirements. (The ICI 

must follow the same requirements as if the ICI were importing the vehicle at the time the 

ICI takes possession of the vehicle; see Section 2.1.3.3, above). 

2.2.5 Temporary Vehicle Imports for Nonresidents 

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. Only individual nonresidents may import a 

vehicle through a nonresident exemption. There is no Customs bond required, however, EPA 

requires that written approval must be obtained prior to importation. 

Requirements: 

●	 Importer must file with U. S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"O;" and attach the EPA letter of exemption. 

●	 Importer should keep a copy of the EPA approval letter for future proof of EPA 

exclusion. 

Restrictions: 

●	 Importer must be a nonresident; 

●	 Vehicle may not be sold or otherwise transferred to another party in the U.S.; 

●	 Vehicle must be used primarily for personal use by the importer while in the U.S.; 

●	 Use of this exemption is prohibited if the vehicle is to be used primarily to conduct 

business, or for principle use by persons other than the importer (or spouse of the 

importer); and 

●	 Vehicle must be exported after one year, or upon the nonresident departing the U.S., 

whichever comes first. 

Section 2: Other Import-Related Requirements and Information Page 33 
 

 

 

2.2.6 Temporary Nonroad or Heavy-duty Highway Engine Imports 

There are also a number of temporary exemptions that may apply. Importers should 

check the appropriate option using boxes 10 through 16 on Form 3520-21 if importing a nonconforming engine under one of the following temporary exemptions: 

● Repairs or alterations; 

● Testing; 

● Display; 

 (The above exemptions require prior EPA approval. To obtain information on the 

exemption process please contact the EPA Imports Help Line at: (734) 214-4100 or 

Imports @epa.gov) 

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

solely as export); 

●	 Diplomatic or military (this exemption is limited to members of the armed forces or 

personnel of a foreign government on assignment to the U.S. for whom free entry has 

been authorized in writing by the U.S. Department of State, or for members of the armed 

forces of a foreign country with official orders for duty in the U.S. This exemption does 

not apply to locomotive or marine compression-ignition engines). 

● Delegated assembly; or 

●	 Partially complete engine (i.e., an engine that is not yet in its final configuration but is 

covered by a valid exemption or a certificate of conformity, an engine that will be 

installed in a vehicle that is covered by a valid exemption or a certificate of conformity, 

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

standards (see Codes 17 and 18), subject to the provisions of 40 CFR 1068.330). 

2.3 Excluded Vehicles 

Excluded vehicles are those vehicles that have been excluded from the emission 

requirements of the Clean Air Act. These vehicles are excluded by either their age (i.e., 

manufactured prior to the regulations), the type of fuel the vehicle uses, the maximum speed of 

the vehicle, or the lack of features associated with safe and practical street or highway use. 

Excluded vehicles may be imported by anyone. Excluded vehicles may not be subject to the 

motor vehicle regulations but may be subject to other regulations. No bond is required by EPA. 

2.3.1 Exclusions Based on Age 

As discussed in Section 2.1.3.2(a), vehicles are exempted if they are 21 OP years old or 

older and in original unmodified condition. Vehicles in any condition may be excluded if they 

Section 2: Other Import-Related Requirements and Information Page 34 
 

 

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

effect, as follows: 

Table 7 

Vehicle Codes for EPA Form 3520-1 

Vehicle Type: 

Code to Declare on 

EPA Form 3520-1: 

Light-duty gasoline-fueled car or truck built before January 1, 1968 E 

Light-duty diesel-fueled car built before January 1, 1975 E 

Light-duty diesel-fueled truck built before January 1, 1977 E 

Motorcycle built before January 1, 1978 E 

Heavy-duty engine (gasoline or diesel-fueled) built before January 1, 1970 E 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"E." 

●	 Customs may require proof of vehicle age. 

2.3.2 Non-Chassis-Mounted Engine 

Anyone may import a non-chassis-mounted light-duty motor vehicle engine which is 

currently covered by an EPA certificate or will be covered by an EPA certificate prior to 

introduction into commerce. The engine may be imported without a Customs bond required by 

EPA or written EPA approval. The engine must be for use in a light-duty vehicle (LDV), a 

motorcycle, a light-duty truck (LDT), a medium-duty passenger vehicle (MDPV), or a chassiscertified heavy-duty vehicle (HDV). 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"W." 

Restrictions: 

●	 Mounting an engine in a chassis to "manufacture" a LDV, motorcycle, LDT, MDPV, or 

chassis-certified HDV without the proper certificate of conformity from EPA violates the 

Clean Air Act; 

●	 Mounting an engine in an existing LDV, motorcycle, LDT, MDPV, or chassis-certified 

HDV that is certified violates the Clean Air Act unless the engine replacement is identical 

to the engine being replaced; and 

Section 2: Other Import-Related Requirements and Information Page 35 
 

 

●	 The importation of an engine to be used in an engine-certified heavy-duty vehicle or 

heavy-duty truck violates the Clean Air Act unless the engine has 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. 

2.3.3 Racing Vehicle 

Anyone may import a racing vehicle. These vehicles are those which, in general, have 

been extensively modified for racing, and are incapable of safe and practical street or highway 

use because they lack features associated with safe and practical street or highway use. Such 

features include, but are not limited to, a reverse gear (except in the case of motorcycles), a 

differential, or other safety features required by state and/or Federal law. EPA does not require a 

Customs bond, but written EPA approval must be obtained before clearance at Customs. 

Requirements: 

●	 You must first receive EPA's approval. Not all vehicles used in races are excluded from 

emissions compliance. Determinations are based on the capability of the vehicle, not its 

intended use. Importer must submit the following information when applying: 

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. 

●	 Importer must file with Customs, upon entry, an EPA Form 3520-1 declaring code "L" 

and attach EPA letter of approval; and 

Section 2: Other Import-Related Requirements and Information Page 36 
 

 

●	 Importer should keep a copy of the EPA approval letter for future proof of EPA 

exclusion. 

Restrictions: 

●	 Vehicle may not be registered or licensed for use on or operated on the public roads or 

highways; and 

●	 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. 

2.3.4 Unregulated Fuel Vehicle 

This exclusion applies to vehicles that run solely on an unregulated fuel. Regulated fuels 

are typically gasoline, diesel, ethanol, methanol, Compressed Natural Gas (CNG), or Liquified 

Petroleum Gas (LPG) (including propane) fuels. Prior to 2004 model year, an exempt fuel 

vehicle will operate solely on fuel: 

●	 Other than gasoline or diesel fuel for model years earlier than 1991; 

●	 Other than gasoline, diesel, ethanol, or methanol fuel for 1990-1996 model years; or 

●	 Other than gasoline, diesel, ethanol, methanol, CNG, or LPG (including propane) for 

1997 to 2003. 

A duel-fueled or multi-fueled vehicle (such as one that can run on either gasoline or 

propane) is regulated if it is capable of running on a regulated fuel. 

Requirements: 

●	 Importer must file with U.S. Customs, upon entry, an EPA Form 3520-1 declaring code 

"Y." 

●	 Converting or re-converting a vehicle that runs solely on an unregulated fuel to run on a 

regulated fuel without a proper certificate of conformity from EPA violates the Clean Air 

Act. 

2.4 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 and capable 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: 

Section 2: Other Import-Related Requirements and Information Page 37 
 

 

 

 

(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. 

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

and 86 

2.4.1 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 vehicles are subject to 

certification in accordance with 40 CFR Part 1051. Exclusion determinations for 2005 or earlier 

off- road/recreational vehicles are based on the capability of the subject vehicles to be safely and 

practically driven on public roads. Model year 2005 and earlier off-road/recreational vehicles 

are excluded, unless they also meet the definition of an on-highway motor vehicle or motorcycle. 

Note that the deletion, removal, or absence of features associated with safe and 

practical street or highway use (that can be readily added) is not sufficient grounds for this 

exclusion. 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. 

EPA Form 3520-1 is no longer used for the importation of off- road/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). 

Section 2: Other Import-Related Requirements and Information Page 38 
 

 

 

A 2005 or earlier model year highway motor scooters and motorcycles 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). 

Requirements: 

●	 Complete form 3520-21 as applicable, declaring box 1 for 2006 or later model year 

certified vehicles. If the off-road/recreational vehicle was manufactured before January 

1, 2006, and is not a 2006 or later model, then declare box 17. Proof that the vehicle was 

manufactured in 2005 or earlier and is a 2005 or earlier model and lacks safety or other 

features required for safe and practical street operation, including evidence of inordinate 

size or weight preventing highway use. 

Restrictions: 

●	 Any 2006 or later model year vehicle must be certified accordance with 40 CFR 1051; 

●	 Not for use by racing or competition vehicles; and 

●	 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 manufacturer 

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

EPA emission requirements. 

2.4.2 Imported Used Japanese Mini-Trucks and Vans 

EPA is aware that 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. in the past few years. 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. The original vehicle manufacturers are 

overseas, usually with no dealer presence in the U.S. These mini-vehicles are being offered for 

sale primarily online and through trade magazines and are being imported either without 

modifications or with modifications to the original vehicles to ensure eligibility for an exclusion, 

with recent indications that these modifications are being removed prior to sale. 

As with any regulated vehicle or engine, the importers of these mini-vehicles are required 

to import only certified (covered by an EPA-issued CAA Certificate of Conformity and properly 

labeled), exempt, or excluded vehicles under the applicable statutes and regulations. The 

importers of these mini-vehicles sometimes claim that they have been converted into nonroad 

Section 2: Other Import-Related Requirements and Information Page 39 
 

 

vehicles, which if manufactured before 2004, are exempt from CAA requirements. To qualify as 

a nonroad vehicle, a mini-vehicle must not be capable of traveling in excess of 25 miles per hour 

(mph). However, U.S. Customs inspectors have determined that a substantial majority of minivehicles imported into the U.S. are in fact capable of traveling in excess of 25 mph and have 

none of the permanent physical attributes necessary to ensure that they cannot exceed this 

regulatory 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 Clean Air Act and must be certified either as LDVs, LDTs, or nonroad SI 

engines regulated under 40 CFR Part 90. 

If you are considering the purchase and importation of one of these mini-vehicles, you 

should be aware of the risks associated with your decision. EPA with the assistance of U.S. 

Customs, is pursuing enforcement actions throughout the country in various Customs Ports 

against importers and manufacturers of these illegal mini-vehicles. EPA is also inspecting 

vehicles at dealerships and manufacturer's business locations. Note that the only acceptable 

modifications are those that: 1) allow the vehicle to perform in a manner consistent with EPAissued guidance; 2) have been determined by EPA to be sufficiently permanent and tamperproof; and 3) have been approved by EPA in writing. Meeting these criteria would allow for 

mini-vehicles to be excluded from the motor vehicle requirements of the CAA. 

Section 2: Other Import-Related Requirements and Information Page 40 
 

 

Section 3: Other Import-Related Requirements and Information 

3.1 Non-Emission Requirements 

This manual describes only the EPA requirements, that is, only those related to the 

Federal emission requirements. Importers of vehicles must also comply with the requirements of 

other Federal agencies (e.g., Department of Transportation for safety requirements, IRS for gas 

guzzler taxes, U.S. Customs and Border Patrol for tariffs and duties, etc.), as well as those of 

State and local governments. EPA letters of approval or exemption are not intended to satisfy 

other non-emission Federal agency requirements, or any emission or non-emission requirements 

of State or local governments. Below is a list of contacts for other Federal requirements. 

3.1.1 Customs 

Questions regarding the importation of your vehicle should be directed to the Customs 

port where your vehicle will be entered. 

3.1.2 Safety 

For information on Federal safety requirements contact: 

U.S. Department of Transportation 

400 7th Street, S.W. 

Washington, DC 20590 

(202) 366-5291 

3.1.3 Gas Guzzler Tax 

A "Gas Guzzler Tax" may need to be paid on your vehicle. These taxes range from $500 

to $3,850 per vehicle. For more information, contact: 

Internal Revenue Service 

Excise Tax Program 

1111 Constitution Avenue, N.W. 

SE:S:SP:Ex, Room 2016 

Washington, DC 20224 

(202) 622-3143 

3.1.4 State Requirements 

California Emission Requirements 

The State of California has its own program for regulating the importation of 

nonconforming vehicles that are sold, registered, or operated in California. If you are a resident 

of, principally drive your car in, register or intend to sell vehicles in the State of California, you 

Section 3: Other Import-Related Requirements and Information Page 41 
 

 

will need to comply with California's emission requirements in addition to the Federal emission 

requirements. For more information on California's requirements, contact: 

California Air Resources Board (CARB) 

Mobile Source Control Division 

9528 Telstar Avenue 

El Monte, CA 91731 

1-800-242-4450 

Proof of Federal Emission Compliance 

Many State DMVs require documentation indicating both proof of ownership and 

compliance with Federal emission requirements before registration and/or titling of the vehicle 

will be permitted. EPA has indicated to representatives of State DMVs that the following 

documentation would be sufficient in order to show that a vehicle being imported under the EPA 

imports program meets Federal emission requirements: 

a. A copy of the EPA Form 3520-1 submitted to Customs. 

b. For vehicles entered by ICIs, a verification letter from EPA which states that all 

applicable emission requirements have been met. Please contact the ICI that converted 

the vehicle to obtain a copy of the EPA release letter for your vehicle. If the ICI cannot 

produce the release letter or has gone out of business, you may contact EPA at (734) 214-

4100. EPA may be able to provide such a letter, if EPA records indicate that the vehicle 

was properly modified to comply with applicable emission standards. 

c. For vehicles granted prior approval or exemption, a copy of the EPA letter of prior 

approval or exemption. 

Proof of Gas Guzzler Payment 

Some states may require proof of payment of the gas guzzler tax, if applicable to your 

vehicle (for more information on this tax, see Section 3.1.3 Gas Guzzler Tax). 

Inspection/Maintenance Requirements 

Your state may operate an Inspection/Maintenance (I/M) program which is designed to 

satisfy the state's requirement for reducing excess emissions caused by vehicles that are not 

properly tuned or are in need of repair. Because I/M programs are customized to the needs of 

each local area, you should contact your local I/M office for more information on its 

requirements. A state test is not the same as a Federal test, and EPA will not accept state test 

results to satisfy Federal requirements (see Section 1.3 Emissions Testing). 

3.2 Locating the Vehicle Emissions Label 

The EPA vehicle emissions label is entitled "Vehicle Emission Control Information" and 

will contain the name and trademark of the manufacturer and an unconditional statement of 

Section 3: Other Import-Related Requirements and Information Page 42 
 

 

compliance with EPA emission regulations. Figures 2 and 3 show an example of the label used 

for model year vehicles produced before and after 2007, respectively. 

Automotive and Light Trucks 

1. 1971 and later conforming vehicles will have a label in the engine compartment. 

2. 1968-1970 conforming motor vehicles will have a label on the doorpost indicating 

compliance with Federal motor vehicle safety standards. These vehicles may have an 

emissions compliance label in the engine compartment containing a statement that the 

vehicle complies with Health Education and Welfare Department emission requirements. 

3. 1967 and earlier motor vehicles are excluded from meeting U.S. emission requirements 

and will not have a compliance label. 

Motorcycles 

1978 and later motorcycles will have an EPA emissions label, located in a readily 

accessible location, e.g., under the seat, on the frame, or in the glove box of the motorcycle or 

motorscooter. 

Heavy Duty Vehicles and Engines 

Heavy-duty vehicles or engines will have an EPA emissions label on the block of the 

engine. 

Figure 2 

Example Emission Label for Some 2007 and Earlier Model Year Vehicles 

Section 3: Other Import-Related Requirements and Information Page 43 
 

 

 

 

 

 

 

 

 

Figure 3 

Example Emission Label for Some 2007 and Later Model Year Vehicles 

Company's 

Trustmark 

Company's Name 

VEHICLE EMISSION CONTROL 

INFORMATION 

Conforms to regulations: 2008 MY 

U.S. EPA: IT2B10 LDT4 

OBD: 

II 

Fuel: 

Gasoline 

California: LEV II MDV6 

OBD: 

II Fuel: Gasoline 

No adjustments needed. TWC/HO2S/EGR/SFI 

EVAP: 8VEHR0240ABC 

Standard Fuel Tank: 26/27 

gal 

8VEHR0240ABD 

Option Fuel Tank: 35.7 

gal 

Group:8VEHT05.8ABC 

Part # 

Bar 

Code 

Here 

Label Part 

Number 

3.3 Additional Information 

If you have any additional questions that are not answered by this Automotive Imports 

Facts Manual, you may contact the Imports Program at: 

Telephone: (734) 214-4100, 

8:30am-4:30pm Eastern U.S. time, Monday-Friday 

Fax: (734) 214-4676, 24 hours every day 

Mail or courier delivery at: 

U.S. Environmental Protection Agency 

Imports Program 

2000 Traverwood Dr. 

Ann Arbor, MI 48105 

When calling EPA concerning a particular vehicle, please have ready the make, model, 

model year, and VIN of your vehicle (from the registration card) and, if it has already been 

imported, the importer of record, the port of entry, date of entry and entry number (from the EPA 

form 3520-1, which you can only get from the port of entry, and of which you should keep a 

copy for your records). When writing or faxing EPA, include this information, plus a telephone 

number (with area code) where you can be reached during the day. 

Section 3: Other Import-Related Requirements and Information Page 44 
 

 

Section 4: Penalties 

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

emissions certification requirements, Customs detains or seizes 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. U.S. 

Customs or EPA may also initiate a criminal action against an importer who knowingly makes 

false or fraudulent statements, or who omits material information required in U.S. Customs entry 

documents. Persons who commit these crimes are subject to a fine of up to $250,000 or 

imprisonment for up to two years, or both, see 42 U.S.C. § 7413(c)(2). 

Section 4: Penalties Page 45 
 

 

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Section 4: Penalties Page 46
 
 

Appendix A 

EPA Forms 

Appendix A Page A-1 
 

EPA Form 3520-1 

Appendix A Page A-2 
 

Appendix A Page A-3 
 

EPA Form 3520-21 

Appendix A Page A-4 
 

Appendix A Page A-5 
 

Appendix A Page A-6 
 

Appendix A Page A-7 
 

[This page intentionally left blank.] 

Appendix A Page A-8 
 

 

 

 

 

 

 

 

 

Appendix B 

Glossary 

Term Definition 

Act The Clean Air Act, as amended (42 U.S.C 7401 et seq.) requires EPA to regulate 

emissions from light-duty vehicles, light-duty trucks, motorcycles, and the engines used 

in heavy-duty vehicles and heavy-duty trucks. Violations of the Act can result in civil 

penalties of up to $25,000 per violation. 

Bond A bond is a formal agreement by the importer to forfeit a specified sum of money, based 

on the value of the vehicle, engine, or equipment being imported, if he or she fails to 

adhere to the conditions of importation. 

Canadian version 

vehicle 

A vehicle manufactured for the Canadian market according to Canadian safety and 

emission standards. 

Carbon Monoxide 

(CO) 

A colorless, odorless, poisonous gas produced by incomplete fossil fuel combustion. 

Catalyst A substance that changes the speed or yield of a chemical reaction without being 

consumed or chemically changed by the chemical reaction. 

Catalytic converter An air pollution abatement device that removes pollutants from motor vehicle exhaust, 

either by oxidizing them into carbon dioxide and water or reducing them to nitrogen. 

Certificate of 

conformity 

The document issued to a vehicle manufacturer by EPA under section 206(a) of the Act. 

A certificate of conformity certifies that a particular class of motor vehicles conforms to 

the EPA requirements. Every class of motor vehicle introduced into U.S. commerce 

must have a certificate of conformity which is valid for only one model year of 

production. 

Certificate holder Manufacturer holding a valid certificate of conformity issued by EPA. 

Certified Covered by a Certificate of Conformity issued by EPA. 

Curb weight The weight of a vehicle with standard equipment and fluids, but not including options, 

driver, passengers or cargo. 

Customshouse broker Customs brokers are licensed by U.S. Customs and Border Protection (CBP) to conduct 

CBP business on behalf of importers. They take the burden of filling out paperwork and 

obtaining a Customs bond off of the importer's hands. There is no legal requirement for 

you to hire a Customs broker to clear your goods. However, many importers opt to do so 

for the convenience. 

Emissions test(ing) As used in this document, "emissions test" is used as a convenient abbreviation for the 

collection of all applicable Federal emission test procedures. This should not be 

confused with the much simpler and cheaper emissions tests that are required by many 

states, and conducted by garages and dealers. 

EPA-certified 

configuration 

An EPA-certified configuration is an Unaltered Vehicle manufactured in conformity with 

U.S. federal emission requirements, with a U.S. emissions compliance label in the engine 

compartment that identifies it in the English language as conforming to all EPA 

requirements. 

(cont.) 

Appendix B Page B-1 
 

 

 

 

 

 

 

 

Glossary (cont.) 

Term Definition 

Excluded 

vehicle/engine 

Excluded vehicles or engines have been excluded from the emission requirements of the 

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

regulations), fuel type, maximum speed, competition or racing features, or lack of 

features associated with practical street or highway use. 

Exempt 

vehicle/engine 

Exempt vehicles or engines are those may fall into a category of engines or vehicles that 

are regulated under the EPA's emissions standards, but meet certain criteria that allow 

them to obtain an exemption from EPA's import requirement. 

Filler neck restrictor A device which narrows the filler neck to a vehicle's gas tank in order to prevent 

accidental use of leaded gas which is typically dispensed from a larger diameter filler 

nozzle than unleaded gasoline. 

Gas Guzzler Tax The Energy Tax Act of 1978 initially established a Gas Guzzler Tax on the sale of new 

vehicles whose fuel economy failed to meet certain statutory levels. Subpart F of 40 

CFR Part 600 sets out the procedures for EPA's determination of the Gas Guzzler tax. 

Gross Vehicle Weight 

Rating (GVWR) 

The weight specified by the manufacturer as the loaded weight of a single vehicle. The 

loaded weight of the vehicle includes passengers, options, and cargo. 

Heavy-duty truck or 

vehicle engine (HDE) 

Any engine to be used in a heavy-duty truck or heavy-duty vehicle for the purpose of 

propelling the truck or vehicle. 

Heavy-duty Diesel 

Engine (HDDE) 

A heavy-duty engine that runs on diesel fuel. 

Heavy-duty Gasoline 

Engine (HDGE) 

A heavy-duty engine that runs on gasoline. 

Heavy-duty Vehicle 

(HDV) or Heavy-duty 

Truck (HDT) 

Any motor vehicle (including buses) having a GVWR of greater than 8,500 pounds, or 

curb weight of more than 6,000 pounds, or that has a basic vehicle frontal areas in excess 

of 45 square feet (40 CFR 86.1803-01) 

Hydrocarbon Chemical compounds that consist entirely of carbon and hydrogen. 

Independent 

Commercial 

Importer (ICI) 

A commercial importer of vehicles who is not an original equipment manufacturer 

(OEM) or does not have a contractual agreement with an OEM to act as its authorized 

representative for the distribution of vehicles in the U.S. market. An ICI is considered to 

be a manufacturer when it modifies a nonconforming vehicle. 

Light-duty truck 

(LDT) 

Any motor vehicle rated at 8,500 pounds GVWR or less which has a vehicle curb weight 

of 6,000 pounds or less 

and which has a basic vehicle frontal area of 45 square feet or less, which is: 

(1) Designed primarily for purposes of transportation of property or is a derivation of 

such a vehicle, or 

(2) Designed primarily for transportation of persons and has a capacity of more than 12 

persons, or 

(3) Available with special features enabling off-street or off-highway operation and use. 

(40 CFR 86.1803-01) 

(cont.) 

Appendix B Page B-2 
 

 

 

 

 

 

 

 

 

 

 

 

Glossary (cont.) 

Term Definition 

Light-duty vehicle 

(LDV) 

A passenger car or passenger car derivative capable of seating 12 passengers or less. (40 

CFR 86.1803-01). [Note: The federal "light-duty vehicle" definition is essentially 

identical to the California definition for "passenger car."] 

Mini-Truck Mini-trucks are small trucks or vans, with an engine displacement below 1000 cubic 

centimeters and a maximum engine power of less than 30 Kilowatts (kW) with a 

maximum speed of 25 miles per hour or less. 

Model year The vehicle manufacturer's annual production period. (e.g., vehicles manufactured in 

January 1994 are considered to be part of the 1994 model year). If the manufacturer has 

no annual production period (e.g., the model year is not explicitly specified by the 

manufacturer for many vehicles manufactured for sale in foreign countries), the model 

year is considered to be the calendar year in which a vehicle is manufactured. For a 

vehicle modified by an ICI, the ICI's model year is the calendar year in which it modifies 

the vehicle. 

Nitrogen oxides 

(NOX) 

Nitrogen oxides are the product of combustion from transportation and stationary sources 

and a major contributor to the formation of ozone in the troposphere and to acid 

deposition. 

Non-conforming 

vehicle 

A vehicle that is not covered by a certificate of conformity prior to importation into the 

U.S. (either a final or conditional importation) and which has not been finally admitted 

into the United States by EPA. Vehicles claimed to be U.S. certified vehicles but driven 

overseas are generally presumed to be nonconforming until proven otherwise, including 

demonstration of the presence and proper functioning of all emission related components. 

Nonroad engine An internal combustion engine (including the fuel system) that is: 1) used in a nonroad 

vehicle, 2) installed in or on equipment that is self propelled and/or performs another 

function while propelling itself (e.g., lawnmower), or 3) portable or not at the same 

location for more than 12 consecutive months (e.g., generators). Nonroad engines do not 

include those used in a motor vehicle, or a vehicle used solely for competition, or that are 

subject to standards promulgated under Section 111 (New Source Performance 

Standards) or Section 202 of the Clean Air Act (40 CFR 89.2). 

Nonroad vehicle A vehicle that is not capable of being safely and practically driven on public roads or 

highways, including both off-road/recreational vehicles (such as snowmobiles and offhighway motorcycles) and other vehicles with features including, but not limited to, 

tracked road contact means, inordinate size, or features ordinarily associated with 

military combat or tactical vehicles such as armor and/or weaponry, (EPA regards 

vehicles that exceed any of the Federal weight or dimensional limitations placed on 

vehicles using the Interstate Highway System to be of an inordinate size). 

Non-U.S. version 

vehicle 

A vehicle that is not certified and labeled by the U.S. EPA as meeting U.S. emission 

standards. 

Off-road vehicle Vehicles that do not exceed an ungoverned speed of 25 miles per hour, lack features 

customarily associated with safe and practical street or highway use, or exhibit features 

that make its use on a street or highway unsafe, impractical, or highly unlikely. 

Original equipment 

manufacturer 

The manufacturer that originally produced the vehicle or heavy-duty engine (e.g., Ford, 

Mercedes Benz, etc.) 

Oxygen sensor A sensor in the engine exhaust system that measures the concentration of oxygen in the 

exhaust gas. 

(cont.) 

Appendix B Page B-3 
 

 

 

 

Glossary (cont.) 

Term Definition 

Original production 

(OP) years old 

A vehicle's age, determined by subtracting the calendar year in which it was originally 

manufactured from the calendar year of importation (e.g., a vehicle built by a European 

manufacturer in 2002 and imported into the U.S. in 2004 would be two original 

production years old). 

Port of entry The port where a vehicle or engine enters the United States. 

Racing vehicle A vehicle that has in general been extensively modified for racing, and is incapable of 

safe and practical street or highway use because it lacks features associated with this type 

of use. 

U.S. Customs and 

Border Protection 

Customs and Border Protection is part of the U.S. Department of Homeland Security that 

is (among other duties) responsible for regulating imports of engines and vehicles. For 

further information, see http://www.cbp.gov/. 

Vacuum hoses Vacuum hoses are part of an engine's emissions control system. 

Useful life The legal life of a vehicle during which the manufacturer is responsible for meeting 

emission requirements and offering an emissions warranty (i.e., For cars built from 

January 1, 1968 to the 1993 model year, the useful life is five years or 50,000 miles, 

which ever occurs first. A longer useful life of ten years or 100,000 miles which ever 

occurs first, has been phased in with the 1994 model years). 

Vehicle As used in this manual, "vehicle" is used as a convenient abbreviation for the collection 

of all categories of motor vehicles and motor vehicle engines. Specifically, it includes 

cars, motorcycles, light-duty trucks, heavy-duty vehicles, heavy-duty trucks, and heavyduty engines. 

Vehicle emissions 

label 

The EPA vehicle emissions label is entitled "Vehicle Emission Control Information" and 

will contain the name and trademark of the manufacturer and an unconditional statement 

of compliance with EPA emission regulations. 

Appendix B Page B-4