Under 49 U.S.C. § 30112(a), a person may not permanently import into the United States a motor vehicle manufactured after the date that an applicable Federal motor vehicle safety standard (FMVSS) takes effect unless the vehicle complies with the standard and is so certified by its original manufacturer. This prohibition applies to both new and used motor vehicles, but does not apply to motor vehicles that are at least 25 years old (based on the date that the vehicle was manufactured).
All eligibility numbers are for left-hand drive motor vehicles except where the initials "RHD," signifying right-hand drive, appear in the model type column. While there is no specific restriction on importing a right-hand drive vehicle, these may not be imported under eligibility decisions based on the existence of substantially similar U.S.-certified left-hand drive vehicles. Our experience has shown that the safety performance of right-hand drive vehicles is not necessarily the same as that of apparently similar left-hand drive vehicles offered for sale in this country. However, we will consider the vehicles "substantially similar" if the manufacturer advises us that the right-hand drive vehicle would perform the same as the U.S.-certified left-hand drive vehicle in dynamic crash tests. Absent such a showing, the RI would have to demonstrate (through a petition) that the vehicle, when modified, would comply with all applicable Federal motor vehicle safety standards, including those for which dynamic crash testing is prescribed.
Thursday, November 7, 2013
Monday, October 14, 2013
|Vehicles at the port in Long Beach, CA|
There have been a few articles, ( Forbes, Valley News) recently that talked about seized "new" vehicles at the Long Beach Port. I have been involved with the export, and import business for most of my life, so something just didn't sound right about these articles. Turns out, they really aren't correct. Customs is being used as a lackey by the OEM vehicle manufacturers trying to prevent individuals from profiting in a niche market.
The thing is that customs is trying to enforce a "rule" that has nothing to do with exporting "NEW" cars rather it has to do with trying to prevent the export of stolen vehicles(19 CFR Part 192). This isn't anything illegal as the articles say, rather it is simple economics. The OEM manufactures do not want people to buy cars in the US and then sell them overseas.
"The cars were then shipped to China and sold for profit. U.S. law prohibits the export of new cars."Not true. 19 CFR Part 192 was written to help control export of vehicles, vessels, and aircraft from the US. However it only addresses "USED" vehicles. "NEW" vehicles are not addressed because it is not necessary to meet the requirements of 19 CFR Part 192 for "NEW" vehicles. A manufacturer, distributor, or dealer does not need to present a title or MSO for a "NEW" vehicle to be able to legally export the vehicle. Sounds weird, sounds a little strange, but this is how 19 CFR Part 192 is written.
"The Mercedes, BMWs, Lexus and Audi, and other luxury vehicles the two men illegally exported could sell in China for as much as twice their U.S. resale value, Kacavas said.
Fourteen of the vehicles, worth $750,000, were apprehended at the Port of Long Beach, Calif. Those vehicles are going through the forfeiture process, and Kacavas said he’s hopeful their value will be recouped."
Since the CFR only talks about "used" vehicles, there was no real definition of "new" cars. However this document from the Customs and Border Protection page helps clear up some of the definitions.
The main point of this rule is to control the export of vehicles, not make it illegal to export "NEW" cars.Exporting New vs. Used VehiclesThe 19 CFR Part 192 reporting requirements apply only to used self-propelled vehicles; therefore, it is necessary to distinguish “new” from “used.” The term “new” is not defined in either the statute or the regulations; however, it is possible to derive the meaning of new from an examination of the term “used” as defined in Part 192 of the Customs Regulations.“Used” refers to any self-propelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.An “ultimate purchaser” means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a self-propelled vehicle for purposes other than resale.Thus, a vehicle will be “new” for purposes of this provision if (1) the manufacturer, distributor, or dealer retains legal and equitable title to the vehicle at the time of exportation, or (2) the manufacturer, distributor, or dealer has transferred legal or equitable title to a dealer who purchased the vehicle in his capacity as a dealer. For example, a vehicle being exported will be considered new, and thus not subject to the provisions of Part 192, if a manufacturer sends an unsold vehicle to another of its own facilities in a foreign country to increase inventory or if a manufacturer sells a vehicle to an overseas dealer who will then sell it to an ultimate purchaser.The definition of a used vehicle, for the purposes of the reporting requirements, is not determined by the physical condition, economic value, or operating order of the self-propelled vehicle at the time of export. Conditional statements included on commercial or contractual documents do not influence the status of the vehicle as either new or used as defined in the statute. Thus, for example, a statement in a commercial transaction that says title will transfer upon delivery to the customer or at some other point after the export does not alter the definition of a used vehicle to make it “new” at the time that it was exported.If you have any questions not addressed in this booklet, please contact the local port from which the vehicle will be exported. Phone numbers can be obtained from the Customs Web site at www.customs.gov.
Used cars are different, however. U.S. Customs laws and regulations allow anyone to export a used vehicle, as long as it is properly titled and is accompanied by the necessary paperwork. U.S. officials argue that the targeted brokers have devised elaborate schemes to circumvent the manufacturers’ no-export policy by generating a trail of transactions intended to portray new cars as “used.”
There is no need to try and portray these vehicles as "USED" unless they want to try and export them out of the US without the required title or MSO.
19 CFR Part 192
Thursday, August 29, 2013
I can't say it happens too often, but here it is, in all its video glory. The destruction of a Land Rover by US Customs. The Baltimore Sun reported that this vehicle was seized because the importer stated it was over 25 years old. However when you try and pull one over on customs, they do you like this. They seize your car, and then as a warning, they turn it into a little ball. Going as far as popping the tires, which I personally thought was a dick move. Although illegally importing cars is a bigger dick move that I have talked about for years. Selling it at auction for export might not have been an option because of the altered VIN. So think about it. Do it right. Its much more difficult to do it correctly. Any idiot can illegally import cars.
The importer of a Land Rover Defender found at the port in April didn't get such an option. The vehicle, which had its identification number purposely altered because its import was illegal, was destroyed Tuesday with a giant metal claw at an undisclosed Maryland salvage yard.That Land Rover model does not comply with National Highway Traffic Safety Administration and Environmental Protection Agency safety and emissions regulations, such as standards requiring air bags.Import documents stated the seized Defender was 25 years of age or older, which would have made it legal to import, but it was not that old.The four-wheel-drive truck — estimated to be worth $25,000 overseas but as much as $150,000 in the United States — was considered "illegal and unsafe," officials said. Dozens of similar Defender vehicles have been seized in recent months at ports around the country, much to the chagrin of Land Rover aficionados.Read more: http://www.baltimoresun.com/business/bs-bz-import-seizures-20130815,0,2894045.story#ixzz2dN3fzepc
Tuesday, August 6, 2013
|The show takes place next to the Queen Mary, opposite this spot|
9th Annual Japanese Classic Car Show
Date: Sep.28th, Saturday 2013
Time:9 to 3pm
Event Address: Queen Mary Events Park (Harry Bridges Memorial Park)
1126 Queens Hwy, Long Beach, CA 90802
The 9th Annual Japanese Classic Car Show will be held 9am-3pm on Saturday, September 28, 2013, along side the Queen Mary in Long Beach, CA.
In Japan, the number nine is pronounced "Ku"; the number is linked to hardships, or "kurou". The truth is, JCCS could not exist without tales of hardship. Anyone who has worked to put an old car together will know it's not easy. Finding cars. Finding parts. Making those parts fit. Getting everything running, on budget and on time. Even making it to the event--people come from far and wide, traveling hundreds of miles (and even across an ocean) to share in the annual kyu-sha celebration that is JCCS. Sacrifices must be made, always. Yet at the same time, the tougher the struggle, the sweeter the celebration. Our goal is to make the 9th JCCS the sweetest event yet for all who attend.
Also, the number 9 has a degree of finality to it--it means "the last." But it does not mean the end ... the number 9 is seen as the final stage to achieve before moving on to the next step, the next level. (Witness the Datsun Maxima, known as the Bluebird 910 ... it was the Bluebird generation used as a stepping stone to the ultra-luxury Maxima--a name and a concept of sporting luxury that continues even today. Or the Honda Coupe 9, which never made it Stateside but was a final evolution of its automotive vision at home, before Honda decided to export cars to America.) Next year will be JCCS' 10th anniversary--a milestone--but this year we're going to party like it's JCCS Number Nine. We remain grateful for the opportunity to show the world that Japanese cars and classic cars need not be mutually exclusive; with dedication and perseverance, the idea has taken hold.
We are very happy to welcome our newest auto manufacturer sponsor, American Honda. This is significant for several reasons. First, the popularity of Honda cars has been increasing rapidly in the last couple of years at JCCS. More owners are bringing out their restored or original Honda cars for the crowd to enjoy, and with Honda's participation, we can only expect this enthusiasm to increase. Second, and just as importantly, Honda is the only company that manufactures and imports both cars and motorcycles; indeed, Honda started as a bike company, and moved into cars in the early 1960s. The first Honda cars officially came to the US in 1970. Though they are relative newcomers compared to some other manufacturers, their cars quickly became the vehicles of a generation, leaving a deep and lasting impact on their owners--and the young passengers in back, many of whom have warm memories. We look forward to collaborating with American Honda, in order to show their rich and continuing history in the American market, on both two wheels and four. They join Toyota's and Mazda's continuing manufacturer-level support of JCCS.
Everyone here at JCCS looks forward to seeing you at the Queen Merry.