CSMS Message: 95-001224

TO : ALL ABI BROKERS.

FROM : LEO WELLS

SUBJECT : EPA FORM CHANGES

DATE : 12/05/95

5326111
NOVEMBER 22, 1995

RES-1-FO:TC:I:E LW

CATEGORY: RES

TO: ALL PORT DIRECTORS OF CUSTOMS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: REVISION OF EPA FORM 3520-L/CERTAIN CHANGES IN EPA ENTRY
REQUIREMENTS FOR MOTOR VEHICLES/HEAVY DUTY ENGINES FOR
SUCH VEHICLES

PASS TO: ALL NATIONAL IMPORT SPECIALISTS, IMPORT SPECIALISTS,
ENTRY OFFICERS AND INSPECTORS AND IMPORTER AND BROKER
ASSOCIATIONS

THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS RECENTLY
COMPLETED A THOROUGH REVIEW OF ITS MOTOR VEHICLE IMPORTS PROGRAM
IN ORDER TO DETERMINE WHICH AREAS OF ADMINISTRATION IT COULD
ACHIEVE SIGNIFICANT BURDEN REDUCTION WITHOUT ADVERSELY AFFECTING
THE INTEGRITY OF ITS PROGRAM AND THE AIR QUALITY OF THE U.S. AS A
RESULT, EPA HAS REQUESTED AND CUSTOMS HAS CONCURRED IN
IMPLEMENTING THE FOLLOWING NEW IMPORT PROCEDURES WITH RESPECT TO
IMPORTED MOTOR VEHICLES SUBJECT TO EPA VEHICLE EMISSION
STANDARDS. IN ADDITION, EPA HAS MADE MAJOR REVISIONS TO THE EPA
FORM 3520-1 ("IMPORTATION OF MOTOR VEHICLES AND MOTOR VEHICLE
ENGINES SUBJECT TO FEDERAL AIR POLLUTION REGULATIONS"). THESE
PROCEDURES ARE EFFECTIVE IMMEDIATELY.

ACTIONS:

1. NEW REVISION OF EPA FORM 3520-1 FOR IMPORTED VEHICLES/ENGINES

EFFECTIVE IMMEDIATELY, THE NEW REVISED EPA FORM 3520-1
(REVISED 9/95) SHOULD BE USED FOR ENTRY PURPOSES. THE REVISED
FORM WILL PROVIDE MORE INFORMATION (CONDITIONS, RESTRICTIONS,
ETC.) FOR THOSE CODES IN WHICH EPA HAS ELIMINATED THE PRIOR
EPA APPROVAL. A SUPPLY OF THE REVISED FORMS HAS BEEN SHIPPED
TO THE CUSTOMS NATIONAL DISTRIBUTION CENTER IN INDIANAPOLIS,
INDIANA, AND TO THE EPA PUBLIC DISTRIBUTION CENTER IN CINCIN-
NATI, OHIO. ALL EPA FORMS 3520-1 THAT ARE DATED PRIOR TO
SEPTEMBER 1995 ARE NOW OBSOLETE AND SHOULD NO LONGER BE USED.

2. ELIMINATION OF PRIOR EPA APPROVAL FOR CERTAIN EPA EXEMPTIONS

EPA HAS ELIMINATED THE REQUIREMENT FOR PRIOR EPA APPROVAL FOR
THE FOLLOWING CATEGORIES OF EPA EXCEPTIONS:

- VEHICLES CONVERTED FROM A REGULATED FUEL TO AN UNREGULATED
FUEL (CODE Y ON THE EPA FORM 3520-1);

- NON-CANADIAN VEHICLES 21 YEARS OLD OR OLDER (CODE E);

- ICI (INDEPENDENT COMMERCIAL IMPORTER) PRE-CERTIFICATION
VEHICLES (CODE J);

- TEMPORARY IMPORTATIONS UNDER A CUSTOMS TIB BOND ENTRY FOR
REPAIRS AND ALTERATIONS (CODE G), TESTING (CODE I) AND
DISPLAY (CODE K).

3. EXPANSION OF CURRENT EPA BLANKET APPROVAL FOR CERTAIN
CANADIAN VEHICLES

EPA HAS EXPANDED THE CURRENT EPA BLANKET APPROVAL FOR CERTAIN
CANADIAN VEHICLES TO ALSO INCLUDE THOSE CANADIAN VEHICLES IN
WHICH THE IMPORTER ATTESTS (BY DECLARING CODE M ON THE EPA
FORM 3520-1) THAT EITHER:

- THE IMPORTER IS CHANGING PERMANENT RESIDENCE FROM CANADA TO
THE U.S. (FOR AT LEAST THREE YEARS); OR

- A CANADIAN RESIDENT SOLD OR GAVE THE VEHICLE TO AN IMME-
DIATE FAMILY MEMBER LIVING IN THE U.S.

4. CUSTOMS ENTRY BOND COVERAGE RELATING TO CERTAIN IMPORTED U.S.
VERSION VEHICLES

EPA HAS ELIMINATED THE EPA REQUIREMENT FOR THE CUSTOMS BOND
TO COVER MOST U.S. VERSION VEHICLES DRIVEN OVERSEAS, I.E.,
FOUR OF THE SIX PERTINENT CODES PREVIOUSLY USED ON THE EPA
FORM 3520-1 ARE NOW ELIMINATED. THE REMAINING TWO CODES
DISTINGUISH THOSE U.S. VERSION VEHICLES ALTERED OR MODIFIED
(CODE F - CUSTOMS BOND MUST COVER THIS CIRCUMSTANCE) FROM
THOSE THAT WERE NOT ALTERED OR MODIFIED (CODE B - CUSTOMS BOND
DOES NOT HAVE TO COVER THIS CIRCUMSTANCE).

EPA WILL CONSIDER VEHICLES WITH CATALYSTS, OXYGEN SENSORS OR
FUEL FILLER NECK RESTRICTORS REMOVED FOR USE OVERSEAS, TO NOT
BE ALTERED OR MODIFIED, AND THUS, WILL NOT REQUIRE THEM TO
BE COVERED BY A CUSTOMS BOND. HOWEVER, THE IMPORTER MUST
ATTEST (BY DECLARING CODE B ON THE EPA FORM 3520-1) THAT HE
WILL REPLACE THOSE COMPONENTS AFTER IMPORTATION.

5. U.S. VERSION VEHICLES DRIVEN OVERSEAS/COMPLETION OF EPA FORM

IN THIS CASE, THE EPA 3520-1 FORM WILL NOT BE REQUIRED TO BE
COMPLETED BY THE IMPORTER UNLESS, IN THE VIEW OF THE LOCAL
CUSTOMS OFFICER DUE TO THE CIRCUMSTANCES INVOLVED, SUCH
OFFICER DEEMS IT TO BE APPROPRIATE (SEE CODE B ON THE EPA
3520-1 FORM IN THIS REGARD). DESPITE THE WORDING OF CODE B ON
THE NEW EPA FORM, EPA HAS CONFIRMED TO US IMPLEMENTATION OF
THIS CHANGED POLICY CITED HEREIN..

6. PRE-APPROVAL EXEMPTION FOR CERTAIN MOTOR VEHICLES

SIMILAR TO "IDENTICAL" CANADIAN VEHICLES, EPA HAS GRANTED PRE-
APPROVAL EXEMPTIONS FOR ANY VEHICLE OF ANY ORIGIN FOR WHICH
THE IMPORTER HAS A LETTER FROM THE U.S. REPRESENTATIVE OF THE
ORIGINAL MANUFACTURER STATING THAT THE VEHICLE WAS MANU-
FACTURED TO BE IDENTICAL WITH RESPECT TO EMISSIONS TO THE U.S.
CERTIFIED VERSION, EXCEPT POSSIBLY FOR LABELING AND
WARRANTY. THE VEHICLE MUST BE IMPORTED SOLELY FOR PERSONAL USE
(I.E., NOT FOR RESALE) AND THE IMPORTER MUST DECLARE CODE EE
ON THE EPA FORM 3520-1. EPA WILL NOT, HOWEVER, EXPAND ITS LIST
OF CANADIAN "IDENTICAL" VEHICLES TO INCLUDE NON-CANADIAN
VEHICLES.

7. VEHICLE IMPORTATIONS BY ORIGINAL EQUIPMENT MANUFACTURERS (OEM)

EPA HAS ELIMINATED THE REQUIREMENT FOR PRIOR EPA APPROVAL FOR
IMPORTATIONS UNDER CODE Q ON THE FORMER EPA FORM 3520-1 (9/94
REVISION). MANUFACTURERS NO LONGER NEED TO OBTAIN EPA
APPROVAL TO CONDITIONALLY IMPORT NEW VEHICLES FOR WHICH
ISSUANCE OF THE APPROPRIATE "CERTIFICATE OF CONFORMITY" BY EPA
IS IMMINENT. EPA HAS COMBINED THE FORMER MANUFACTURER CODE Q
WITH THE FORMER MANUFACTURER CODE H (MANUFACTURER PRE-
CERTIFICATION AND TESTING EXEMPTION) INTO ONE NEW CODE H,
WHICH DOES NOT REQUIRE PRIOR EPA APPROVAL OR COVERAGE BY A
CUSTOMS BOND.

8. MODEL YEAR 1996 CANADIAN VEHICLES

MODEL YEAR 1996 CANADIAN VEHICLES WILL NOT AUTOMATICALLY BE
CONSIDERED TO BE IDENTICAL TO U.S. CERTIFIED VERSIONS, AS HAVE
THE 1988-1995 MODELS FOR EPA VEHICLE EMISSION PURPOSES. UNTIL
EPA IS ABLE TO COORDINATE WITH THE MANUFACTURERS TO DETERMINE
WHICH 1995 MODELS MAY BE "IDENTICAL" TO U.S. CERTIFIED
VERSIONS, THE "CANADIAN IDENTICAL LIST" WILL NOT INCLUDE ANY
1996 CANADIAN MODELS. EPA WILL UPDATE THIS LIST AS SOON AS
THEY DETERMINE WHAT 1996 CANADIAN MODELS ARE "IDENTICAL".

9. ELIMINATION OF CUSTOMS MAILING OF EPA FORM 3520-1 FILED WITH
PAPER ENTRIES TO EPA

EPA HAS REQUESTED THAT CUSTOMS NO LONGER ROUTINELY SEND TO
EPA THE COMPLETED EPA FORM 3520-1 FOR PAPER ENTRIES OF
VEHICLES AND HEAVY DUTY ENGINES REGULATED BY EPA. THIS CHANGE
ELIMINATES THE CURRENT CUSTOMS PROCESS OF PULLING THE EPA FORM
FROM THE ENTRY DOCUMENTS SUBMITTED BY THE IMPORTER, COPYING IT
FOR THE CUSTOMS FILE AND THEN MAILING IT TO EPA. INSTEAD, EPA
NOW REQUESTS ONLY THAT THE EPA FORM BE KEPT BY THE PORT OF
ENTRY WITH THE CUSTOMS ENTRY FILE AND THAT THE IMPORTER RETAIN
HIS COPY PURSUANT TO CUSTOMS RECORDKEEPING REQUIREMENTS.

10. ABI ENTRY FILING

FOR ABI ENTRY PURPOSES, IN THE CASE OF MOTOR VEHICLES AND
HEAVY DUTY ENGINES SUBJECT TO EPA REQUIREMENTS, THE IMPORTER
WILL NO LONGER HAVE TO SUBMIT SEPARATELY TO CUSTOMS A COPY OF
THE EPA FORM 3520-1. EPA NOW REQUIRES THAT SUCH EPA FORM BE
COMPLETED BY THE IMPORTER PRIOR TO ABI ENTRY FILING AND BE
RETAINED BY HIM ON FILE IN ACCORDANCE WITH CUSTOMS RECORD-
KEEPING REQUIREMENTS.

PHILIP METZGER