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CBP Proposes Changes to Vehicle Importing Requirements; Would Allow Use of ACE for EPA Forms

CBP is considering changes to its regulatory requirements for importing vehicles and engines in order to "harmonize" the forms required by the Environmental Protection Agency, CBP said in a notice (here). "In an effort to provide consistency in the administration of CBP’s vehicle and engine imports program so that importers of both road vehicles and engines, as well as stationary and nonroad engines (including engines incorporated into vehicles or equipment), are subject to the same filing and recordkeeping requirements, CBP is proposing to conform the entry filing requirements applicable to the EPA Declaration Form 3520-21 to those that currently exist for EPA Declaration Form 3520-1," it said. The proposal would require that importers of "stationary, nonroad or heavy-duty highway engines (including engines incorporated into vehicles or equipment) file EPA Declaration Form 3520-21 at the time of entry, unless exempt," it said. Importers with a valid EPA Certificate of Conformity that manufacture nonroad or stationary engines labeled to show compliance with emission standards would be exempt from the form 3520-21 filing requirements, CBP said.

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CBP also proposed allowing for the EPA emissions compliance forms to be filed through ACE, though "importers will still be able to file the form by paper if they so choose." Filing the EPA declaration forms at the time of entry through ACE "will provide for a quicker and more efficient clearance process and enhance CBP’s ability to conduct targeting and enforcement of importation requirements," the agency said. "Electronic filing will also permit CBP to analyze and flag problems immediately, whereas paper filings result in an ad-hoc process that requires a physical inspection by a CBP or EPA inspector." The request for comments is a prerequisite before CBP can require ACE for electronic filing of EPA forms (see 1606090020). CBP also proposed to remove or revise regulations on outdated programs and make other small language changes. Comments are due Sept. 16.

(Federal Register 08/17/16)