Information on Importing Used Cars
The United States Government (USG) does not prohibit the importation of used vehicles. However, imported used
vehicles must comply with the same safety and environmental regulations as any other
vehicle sold in the United States during the year it was produced.
Safety Regulations
Any vehicle sold in the United States is required to meet Federal Motor Vehicle Safety
Standards (FMVSS) as set by the federal government and administered by the
Department of Transportation, (DOT). FMVSS requires vehicles to have certain safety
equipment and to be engineered in a manner that is codified by the standards, to
mitigate personal injury in the event of an accident. Motor vehicles not more than 25
years old must conform to the DOT motor vehicle safety standards that were in effect
when these vehicles were manufactured. There are no separate regulations for
imported vehicles.
Importers of motor vehicles must file a form (HS-7) at the time a vehicle is imported into
the U.S. to declare whether the vehicle complies with DOT requirements. A vehicle
without a certification label must be imported as a nonconforming vehicle and the
importer must then register with a DOT-Registered Importer (RI) and post a bond with
DOT for one and a half times the vehicle's dutiable value. The cost and time needed to
bring a vehicle into conformance can be substantial.
The National Highway Traffic Administration's home page provides an
excellent discription of what you need to do. National Highway
Traffic Safety Administration;
Environmental Regulations
Any imported motor vehicle must meet U.S. standards for the corresponding year that it
was manufactured. The Environmental Protection Agency (EPA) requires U.S. version vehicles to comply with Federal
emission requirements. Non-U.S. version vehicles generally are vehicles sold in
foreign countries or a vehicle that has been modified or altered. Non-U.S. version
vehicles will not meet U.S. EPA emission requirements. The manufacturer must prove
compliance by attaching a label in the engine compartment that states the vehicle
conforms to all U.S. EPA regulations. A vehicle without this documentation is
considered non-complying.
EPA does not accept passing a state inspection test or having a catalytic converter as
proof of compliance. The vehicle owner may contract with an EPA-certified
Independent Commercial Importer to import the vehicle as a non-U.S. version vehicle
and to convert it to meet EPA requirements. EPA will permit the importation of
nonconforming vehicles only if it qualifies for an exclusion, an exemption, or is imported
by an independent commercial importer (ICI) who currently hold a valid EPA
certification of conformity. Nonetheless, EPA does not recommend the importation of
nonconforming vehicles as conversion of nonconforming vehicles is usually very
expensive and sometimes impossible or impractical. More detailed information on EPA's requirements can be found on the Environmental Protection Agency website.
If the vehicle is 21 years old, there are no EPA compliance requirements upon
importation. However, the importer must prove to customs that the vehicle or engine
was manufactured prior to EPA regulation.
Certain vehicles are 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. No bond is required by EPA.
Foreign-made vehicles imported into the United States are dutiable at the following
rates:
Auto 2.5 %
Trucks 25 %
Motorcycles Either free or 2.4 %
The following passenger cars, light-duty trucks, heavy-duty engines and motorcycles
are subject to Federal emission standards:
- Gasoline-fueled cars and light-duty trucks originally manufactured after December 31,
1967.
- Diesel-fueled cars originally manufactured after December 31, 1974.
- Diesel-fueled light-duty trucks originally manufactured after December 31, 1975.
- Heavy-duty engines originally manufactured after December 31, 1969.
- Motorcycles with a displacement of more than 49 cubic centimeters originally
manufactured after December 31, 1977.
NAFTA
- NAFTA allows Mexico to continue to restrict imports of used vehicles until
January 1, 2009, when a 10-year phase out based on vehicle age will
commence.