19 CFR 12.74 - Nonroad and stationary engine compliance with Federal antipollution emission requirements.

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§ 12.74 Nonroad and stationary engine compliance with Federal antipollution emission requirements.
(a) Applicability of EPA regulations. The requirements governing the importation of nonroad and stationary engines subject to conformance with applicable emissions standards of the U.S. Environmental Protection Agency (EPA) are contained in EPA regulations, issued under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.). These EPA regulations should be consulted for detailed information as to the admission requirements for subject nonroad and stationary engines. See 40 CFR part 1068, subpart D, with the following exceptions:
(1) For nonroad compression-ignition regulated under 40 CFR part 89, see 40 CFR part 89, subpart G. This applies to certain engines through the 2011 model year.
(2) For nonroad spark-ignition engines at or below 19 kilowatts regulated under 40 CFR part 90, see 40 CFR part 90, subpart G. This applies to certain engines through the 2011 model year.
(3) For marine compression-ignition engines regulated under 40 CFR part 94, see 40 CFR part 94, subpart I. This includes propulsion engines and auxiliary engines installed on marine vessels. This applies to certain engines through the 2013 model year.
(b) Admission of nonconforming nonroad engines.—
(1) EPA declaration form required. EPA Form 3520-21, “Importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations”, must be completed by the importer and retained on file by him before making a customs entry for such nonroad or stationary engines/vehicles/equipment.
(2) Retention and submission of records to CBP . Documents supporting the information required in the EPA declaration must be retained by the importer for a period of at least five years in accordance with § 163.4 of this chapter and shall be provided to CBP upon request.
(c) Release under bond—
(1) Conditional admission. If the EPA declaration states that the entry for a nonconforming nonroad engine is being filed under one of the exemptions described in paragraph (c)(3) of this section, under which the engine must be conditionally admitted under bond, the entry for such engine shall be accepted only if a bond is given on CBP Form 301 containing the conditions set forth in § 113.62 of this chapter for the presentation of an EPA statement that the engine has been brought into conformity with Federal emissions requirements.
(2) Final admission. Should final admission be sought and granted pursuant to EPA regulations for an engine conditionally admitted initially under one of the exemptions described in paragraphs (c)(3) of this section, the importer or consignee shall deliver to the port director the prescribed statement. The statement shall be delivered within the period authorized by EPA for the specific exemption, or such additional period as the port director of CBP may allow for good cause shown. Otherwise, the importer or consignee shall deliver or cause to be delivered to the port director the subject engine, either for export or other disposition under applicable CBP laws and regulations (see paragraph (e) of this section). If such engine is not redelivered within five days following the allotted period, liquidated damages shall be assessed in the full amount of the bond, if a single entry bond, or if a continuous bond, the amount that would have been taken under a single entry bond (see 40 CFR 89.612(d), 90.613(c) and (d), 94.805(c) and (d), and 1068.335).
(3) Exemptions. The specific exemptions under which a nonconforming nonroad engine may be conditionally admitted, and for which a CBP bond is required, are as follows:
(i) Repairs or alterations (see 40 CFR 89.611(b)(1), 90.612(b)(1), 94.804(b)(1), 1068.325(a)).
(ii) Testing (see 40 CFR 89.611(b)(2), 90.612(b)(2), 94.804(b)(2), 1068.325(b)).
(iii) Display (see 40 CFR 89.611(b)(4), 90.612(b)(3), 94.804(b)(4), 1068.325(c)).
(iv) Precertification (see 40 CFR 89.611(b)(3)).
(d) Notice of inadmissibility or detention. If an engine is found to be inadmissible either before or after release from CBP custody, the importer or consignee shall be notified in writing of the inadmissibility determination and/or redelivery requirement. However, an engine which cannot be released merely due to a failure to furnish with the entry any documentary information as required by EPA shall be held in detention by the port director for a period not to exceed 30 days after filing of the entry at the risk and expense of the importer pending submission of the missing information. An additional 30-day extension may be granted by the port director upon application for good cause shown. If at the expiration of a period not over 60 days the required documentation has not been filed, a notice of inadmissibility will be issued.
(e) Disposal of engines not entitled to admission; prohibited importations. A nonroad or stationary engine denied admission under EPA regulations shall be disposed of consistent with such EPA regulations and in accordance with applicable CBP laws and regulations. The importation of nonroad or stationary engines other than as prescribed under EPA regulations is prohibited.
[T.D. 98-50, 63 FR 29122, May 28, 1998, as amended by T.D. 01-14, 66 FR 8767, Feb. 2, 2001; CBP Dec. 10-29, 75 FR 52451, Aug. 26, 2010]

Title 19 published on 2013-04-01

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  • 2014-03-12; vol. 79 # 48 - Wednesday, March 12, 2014
    1. 79 FR 13873 - Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials from Honduras
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Effective: March 12, 2014.
      19 CFR Part 12

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United States Code
U.S. Code: Title 7 - AGRICULTURE

7 U.S. Code § 135 to 135k - Omitted

§ 136 - Definitions

§ 136a - Registration of pesticides

7 U.S. Code § 135 to 135k - Omitted

§ 136b - Transferred

§ 136c - Experimental use permits

§ 136d - Administrative review; suspension

§ 136e - Registration of establishments

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§ 136g - Inspection of establishments, etc.

§ 136h - Protection of trade secrets and other information

§ 136i - Use of restricted use pesticides; applicators

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7 U.S. Code § 135 to 135k - Omitted

§ 136j - Unlawful acts

§ 136k - Stop sale, use, removal, and seizure

7 U.S. Code § -

§ 136m - Indemnities

§ 136n - Administrative procedure; judicial review

7 U.S. Code § -

§ 136p - Exemption of Federal and State agencies

§ 136q - Storage, disposal, transportation, and recall

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§ 136s - Solicitation of comments; notice of public hearings

§ 136t - Delegation and cooperation

§ 136u - State cooperation, aid, and training

§ 136v - Authority of States

§ 136w - Authority of Administrator

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

7 U.S. Code § 135 to 135k - Omitted

§ 136x - Severability

§ 136y - Authorization of appropriations

§ 151 to 154 - Repealed.

§ 155 - Omitted

§ 156 to 161 - Repealed.

§ 161a - Omitted

§ 162 to 164a - Repealed.

§ 1592 - Rules and regulations

§ 1854 - Agreements limiting imports

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 19 - CUSTOMS DUTIES
U.S. Code: Title 21 - FOOD AND DRUGS
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Title 19 published on 2013-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 12 after this date.

  • 2014-03-12; vol. 79 # 48 - Wednesday, March 12, 2014
    1. 79 FR 13873 - Extension of Import Restrictions on Archaeological and Ecclesiastical Ethnological Materials from Honduras
      GPO FDSys XML | Text
      DEPARTMENT OF THE TREASURY, DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Effective: March 12, 2014.
      19 CFR Part 12