CSMS Message: 03-002329

TO: ALL ABI FILERS

FROM: PORT OF LOS ANGELES AUTOMOBILE TEAM

SUBJECT: ADMISSIBILITY OF CERTAIN SCOOTERS, GASOLINE AND/OR ELECTRIC
MOTOR DRIVEN CYCLES (MOTORCYCLES PRODUCING 5 BRAKE HORSEPOWER OR LESS)
AND MOTORCYCLES. (EXCLUDING MOTORCYCLES IMPORTED BY ORIGINAL
EQUIPMENT MANUFACTURERS)

THE L.A. SEAPORT AUTO TEAM (739) IS PROVIDING A REMINDER COVERING
THE ADMISSIBILITY REQUIREMENTS FOR VEHICLES, TYPICALLY CLASSIFIED UNDER
8711.10 AND 8711.90 OF THE HARMONIZED TARIFF SCHEDULE (HTS), TYPICALLY
DESCRIBED AS MOTORCYCLES, MOPEDS, MINI-BIKES, MOTOR SCOOTERS, GAS
SCOOTERS, ELECTRIC SCOOTERS AND ELECTRIC BICYCLES. THIS REMINDER
REFLECTS THE CURRENT ENFORCEMENT OF CERTAIN LAWS AND REGULATIONS
ADMINISTERED BY THE BUREAU OF CUSTOMS AND BORDER PROTECTION (BCBP),
DEPARTMENT OF TRANSPORTATION (DOT), AND THE ENVIRONMENTAL PROTECTION
AGENCY (EPA). IF YOU WOULD LIKE TO REQUEST A BINDING RULING FOR A
PARTICULAR VEHICLE, YOU MUST SUBMIT AN APPLICATION LETTER TO THE
APPROPRIATE AGENCY.

THE NAME "SCOOTER" IS A VAGUE TERM. SOME SCOOTERS ARE NOT MOTORIZED
AND THEREFORE MAY BE CLASSIFIABLE AS TOYS UNDER THE PURVIEW OF THE
SEAPORT'S IMPORT SPECIALIST TEAM 715. OTHER SCOOTERS/MOTOR DRIVEN
CYCLES/MOTORCYCLES HAVE LIGHTS, HORNS, BRAKES, AND MIRRORS MAKING
THEM SUITABLE FOR STREET USE. SOME HAVE HANDLEBARS THAT FOLD DOWN
AND SEATS THAT FOLD OR CAN BE EASILY REMOVED FOR PORTABILITY. OFTEN
THIS PORTABILITY IS LIMITED TO PLACING THE SCOOTER IN THE TRUNK OF A
CAR. SOME SCOOTERS HAVE NO SEATS AT ALL. THERE ARE ALSO SCOOTERS
SIMILAR TO THE ITALIAN MADE "VESPA" VEHICLES HAVING A FLOORBOARD
WITH A MORE ENCLOSED FRONT AND REAR END. THESE ARE ONLY SOME EXAMPLES
OF THE FEATURES AND DESIGNS THAT CAN BE FOUND.

GUIDANCE:

1. FOLD UP, PORTABLE SCOOTERS MANUFACTURED WITH FOLDING OR READILY
REMOVABLE HANDLEBARS, AND SEATS THAT FOLD DOWN OR ARE READILY
REMOVABLE (WITH OR WITHOUT LIGHT AND MIRRORS) ARE NOT REGULATED
BY DOT.

2. MOTORIZED CYCLES REQUIRING MUSCULAR "PEDAL ASSIST" TO BEGIN
MOVING ARE NOT REGULATED BY DOT.

3. SCOOTERS HAVING BATTERY OPERATED, ELECTRIC MOTORS CAPABLE
OF SPEEDS GREATER THAN 20 MPH ARE REGULATED BY DOT, BUT PROBABLY
NOT BY EPA.

4A. SCOOTERS/MOTOR DRIVEN CYCLES/MOTORCYCLES EQUIPPED WITH GASOLINE
ENGINES EXCEEDING 50 CC. ARE REGULATED BY DOT AND EPA.

4B. SCOOTERS/MOTOR DRIVEN CYCLES/MOTORCYCLES WITH GASOLINE ENGINES
UNDER 50 CC. ARE REGULATED BY DOT AND THE CALIFORNIAN AIR
RESOURCES BOARD (CARB), BUT NOT BY EPA.

5. ALL SCOOTERS SIMILAR TO THE ITALIAN MADE "VESPA" ARE REGULATED
BY DOT; AND IF EQUIPPED WITH GASOLINE ENGINES EXCEEDING 50 CC,
REGULATED BY EPA ALSO. (BATTERY POWERED, ELECTRIC MOTOR
SCOOTERS ARE NOT REGULATED BY EPA.)

6. A RUNNING-BOARD OR SKATE-BOARD TYPE, BATTERY OPERATED SCOOTER
LACKING A SEAT IS NOT REGULATED BY DOT/EPA.

7. DIRT BIKES AND ATVS ARE REGULATED BY THE CONSUMER PRODUCT SAFETY
COMMISSION (WWW.CPSC.GOV) BUT NOT BY DOT/EPA UNLESS EXCEEDING
50 CC.

ANY REGULATED SCOOTER, MOTOR DRIVEN CYCLE, OR MOTORCYCLE MUST BE
CONFORMING TO U.S. STANDARDS AT TIME OF ENTRY AND MUST BE
APPROPRIATELY LABELED (WITH THE APPROPRIATE DOT/EPA FORMS SUBMITTED.)
IF THE SCOOTER IS NON-CONFORMING TO STANDARDS, IT MUST BE CONVERTED TO
U.S. STANDARDS AND BE IMPORTED BY AN INDEPENDENT COMMERCIAL IMPORTER
(ICI) OR A REGISTERED IMPORTER (RI). IF YOU HAVE QUESTIONS, CONTACT
THE APPROPRIATE INDIVIDUALS LISTED BELOW. PLEASE BE READY TO PROVIDE
PICTURES OR LITERATURE ON THE VEHICLE.

FOR IMPORTING REQUIREMENTS YOU MAY ALSO RESEARCH:

DOT'S WEBSITES AT: WWW.NHTSA.DOT.GOV/CARS/RULES/MANUFACTURE
(MANUFACTURER MUST BE LISTED IN THREE DATABASES, I.E., 565, 566,
AND WMI) AND AT WWW.NHTSA.DOT.GOV/CARS/RULES/IMPORT (FOR IMPORT
REGULATIONS).

CBP WEBSITE AT: WWW.CBP.GOV.
CPSC WEBSITE AT: WWW.CPSC.GOV
EPA'S WEBSITE IS: WWW.EPA.GOV

CUSTOMS AND BORDER PROTECTION

FIELD NATIONAL IMPORT SPECIALIST ANN STANLEY
PHONE: 562-366-5739
FAX: 562-628-7902
EMAIL: ANN.STANLEY@DHS.GOV

EMAILS ARE PREFERRED AS ACCOMPANYING PICTURES WOULD BE MOST HELPFUL.

DEPARTMENT OF TRANSPORTATION:

MR. COLEMAN SACHS, CHIEF IMPORT CERTIFICATION DIV. NHTSA 202-366-3151
MR. DAVID COLEMAN, SAFETY COMPLIANCE ANALYST NHTSA 202-366-5302

ENVIRONMENTAL PROTECTION AGENCY:

MS. CHESTINE PAYTON 202-564-9328 USEPA HEADQUARTERS (WASHINGTON, D.C.)
MR. LINK WEHRLY 734-214-4286 OR 214-4636 USEPA NATIONAL VEHICLE AND
FUEL EMISSIONS LABORATORY/OAR (ANN ARBOR, MI)
WWW.EPA.GOV/OTAQ/RECVEH.HTM

ACTION (ENTRIES):

ALL SCOOTER, MOTOR DRIVEN CYCLE, MOTORCYCLE ENTRIES MUST INCLUDE
PICTURES DEMONSTRATING THE PRODUCT'S FEATURES SUCH AS SAFETY EQUIPMENT
AND PORTABILITY (FOR EXAMPLE, CAN THE HANDLEBARS FOLD DOWN AND ARE THE
SEATS READILY REMOVABLE.) THE NAME/ MODEL NUMBER OF THE VEHICLE
MUST BE SHOWN IN THE PICTURE SO THAT IT CAN BE ASSOCIATED WITH THE
COMMERCIAL INVOICE. IN ADDITION, THE MANUFACTURER AND/OR ASSEMBLER
MUST BE NAMED ON THE INVOICE. A DETAILED SPECIFICATION SHEET MUST ALSO
BE INCLUDED THAT INDICATES THE ENGINE DISPLACEMENT IN CUBIC CENTIMETERS,
HORSEPOWER, KW, SPEED, TYPE OF BRAKES AND COUNTRY OF MANUFACTURE. THE
MODEL NUMBER AND NAME OF PRODUCT UNDER WHICH THE VEHICLE IS SOLD/
ADVERTISED MUST BE ON THE COMMERCIAL INVOICE.

BOTH DOT HS-7 AND EPA 3520-1/3520-21(NON-ROAD) FORMS MUST BE
SUBMITTED AT TIME OF ENTRY. THESE DOCUMENTS ARE REQUIRED EVEN WHEN
THE VEHICLES ARE EXEMPT FROM DOT/EPA COMPLIANCE STANDARDS. FOR
PAPERLESS ENTRIES AND REMOTE LOCATION FILER (RLF) ENTRIES, DETAILED
INFORMATION REGARDING EXEMPTION OR COMPLIANCE HAS TO BE INPUT ON
THE INVOICE LINE DETAIL SCREEN. ENTRIES LACKING THE APPROPRIATE
FORMS/INFORMATION WILL BE REJECTED BY CUSTOMS AT THE TIME OF
SELECTIVITY PROCESSING.

Referenced By

CSMS #03-002447