CSMS Message: 03-002447

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)

***NOTE: THIS IS A CORRECTION TO ADMINISTRATIVE MESSAGE 03-2329.
PLEASE DISREGARD THAT MESSAGE.***

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 TERM "SCOOTER" IS GENERAL AND VAGUE AND, THEREFORE, THERE IS
SOME CONFUSION CONCERNING THE IMPORT REQUIREMENTS OF THESE VEHICLES.
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. MOTORIZED FOLD UP, PORTABLE SCOOTERS MANUFACTURED WITH HANDLEBARS
THAT FOLD DOWN AND WITH SEATS THAT FOLD DOWN, OR ARE READILY
REMOVABLE (WITH OR WITHOUT LIGHTS AND MIRRORS), ARE NOT REGULATED
BY DOT.

2. LOW-SPEED ELECTRIC BICYCLES WITH FULLY OPERABLE PEDALS AND AN
ELECTRIC MOTOR OF LESS THAN 750 WATTS (1 H.P.) THAT ARE NOT
CAPABLE OF A TOP SPEED ABOVE 20 MPH ARE NOT REGULATED BY DOT
OR EPA.

3. SCOOTERS/MOTOR DRIVEN CYCLES/MOTORCYLES EQUIPPED WITH BATTERY
OPERATED, ELECTRIC MOTORS ARE NOT REGULATED BY EPA, BUT ARE
REGULATED BY DOT IF THEY ARE ALSO EQUIPPED WITH A SEAT AND
WITH A HANDLEBAR THAT DOES NOT FOLD DOWN.

4A. SCOOTERS/MOTOR DRIVEN CYCLES/MOTORCYCLES 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,
ARE 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 OR EPA.

7. DIRT BIKES AND ATVS ARE NOT REGULATED BY DOT OR EPA.

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 WAS NOT ORIGINALLY MANUFACTURED TO ALL APPLICABLE
FEDERAL MOTOR VEHICLE SAFETY STANDARDS (FMVSS), AND/OR WAS NOT SO
CERTIFIED BY ITS ORIGINAL MANUFACTURER, IN THE FORM OF A LABEL
PERMANENTLY AFFIXED TO THE SCOOTER, IT CANNOT BE ENTERED UNLESS
IT HAS BEEN SPECIFICALLY DETERMINED TO BE ELIGIBLE BY DOT AND IS
ENTERED BY A REGISTERED IMPORTER (RI). IF THERE ARE QUESTIONS,
CONTACT THE APPROPRIATE INDIVIDUALS LISTED BELOW OR RESEARCH THE
WEBSITES. PLEASE HAVE APPLICABLE PICTURES OR LITERATURE
AVAILABLE FOR REVIEW.

DEPARTMENT OF TRANSPORTATION:

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

WWW.NHTSA.DOT.GOV/CARS/RULES/MANUFACTURE
(MANUFACTURER MUST BE LISTED IN THREE DATABASES, I.E., 565, 566,
AND WMI) AND
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

BUREAU OF CUSTOMS AND BORDER PROTECTION

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

EMAILS ARE PREFERRED CONTAINING RELEVANT PICTURES/SPECIFICATIONS.
WWW.CPB.GOV

ENVIRONMENTAL PROTECTION AGENCY (OFFICE OF TRANSPORTATION AND AIR
QUALITY)

MR. LINC WEHRLY, EPA (OTAQ) CONTACT FOR RECREATIONAL VEHICLES
(734) 214-4286
WWW.YOSEMITE.EPA.GOV/AA/OMSCONT.NSF (ADDITIONAL OTAQ CONTACTS
AND PHONE NUMBERS)
WWW.EPA.GOV/OTAQ/IMPORTS/FACTMTOP.HTM (IMPORTING VEHICLES AND
ENGINES)
WWW.EPA.GOV/OTAQ/RECVEH.HTM (NONROAD ENGINES, EQUIPMENT, AND
VEHICLES)

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 (I.E., EPA FORM 3520-1
OR 3520-21 ON FILE WITH IMPORTER OR BROKER AND/OR DOT COMPLIANT OR
OFF-ROAD VEHICLE) HAS TO BE INPUT ON THE INVOICE LINE DETAIL SCREEN
AND/OR OTHER-DOCUMENTS SCREEN IN ACS. DOT HS-7 FORM SHALL BE FILED
ELECTRONICALLY AND THE EPA 3520-1 FORM MAY BE HELD IN THE BROKER FILE
TO BE MADE AVAILABLE AS NECESSARY. ENTRIES LACKING THE APPROPRIATE
INFORMATION WILL BE REJECTED BY CUSTOMS AT THE TIME OF SELECTIVITY
PROCESSING.