Information Re: Importing to the USA and Complete DIY How-To (5 Viewers)

[REDrum]

Hello everyone,

I wanted to get some input in our situation.

My dad and I are planning on importing a 1991 USDM FJ80 back into the US. However, since the engine failed and diesels are more popular there, we had the engine swapped with a 1HDT. Now, I know that being a 25 year old vehicle, the only hurdle we’d face is that it must be in original condition for the EPA. It can be discussed that a 1HDT is one of the “options” for the model, in that country. In fact, it is the original engines used. Therefore, if the vehicle is imported as a 25 year old vehicle, not as a “re-import of a USDM vehicle back into the US”, would we be fine?

I understand that there’s some risk involved. But to be fair, what’s the difference between and 6BT-engine swapped FZJ80 here in the US aside from this vehicle has travelled to a different country and wants to come back home

Thank you!

Have you read the exemptions and exempt vehicle list verbatim? If not, please do, I think you will find what you are looking for within it.

 

[jefelazo88]

Have you read the exemptions and exempt vehicle list verbatim? If not, please do, I think you will find what you are looking for within it.

Yes
“Vehicles at least 21 years old with replacement engines are not eligible for this exemption unless they contain equivalent or newer EPA certified engines and emission control systems.”
Do you know if the 1HDT is in that list?

 

[gilmorneau]

Do you know if the 1HDT is in that list?

It's not. Since the 1HD-t was never sold by Toyota in the US, it is not EPA certified.

In order to qualify for the EPA exemption, the motor in the car needs to be either: the original (or original type) motor that was in the car when it was manufactured; or an EPA certified motor (i.e. a motor originally sold in the USA). In either case, all original emissions equipment must be present.

It can be discussed that a 1HDT is one of the “options” for the model, in that country. In fact, it is the original engines used. Therefore, if the vehicle is imported as a 25 year old vehicle, not as a “re-import of a USDM vehicle back into the US”, would we be fine?

Well...I didn't notice where "that country" is, and maybe the 80 series was offered with a 1HD-t there, but ultimately it doesn't matter. If you import the car as being 25+ years old, you will need to file an EPA 3520 with US Customs declaring that the car is in "original unmodified condition", which isn't really true in this case.

I understand that there’s some risk involved.

The risk is in declaring things to Customs that aren't actually true. You may get caught, or you may not. If it slides through Customs, then yay! for you. OTOH, if Customs determines that you aren't allowed to bring the car into the US, you'll have the option to ship it somewhere that will have it--either where you started or a third country. If you opt not to ship it out of the US, it will likely be confiscated and may be destroyed.

what’s the difference between and 6BT-engine swapped FZJ80 here in the US

6BT is EPA certified. It was sold as original equipment in vehicles here in the US.

Your other option is to treat it as a re-importation of a vehicle originally sold in the US, but that comes with it's own set of problems. Per the CBP website:

"Re-Importing A Previously Exported Vehicle - A vehicle taken from the United States for non-commercial, private use may be returned duty free by proving to CBP that it was previously owned and registered in the United States. This proof may be a state-issued registration card for the automobile or a bill of sale for the car from a U.S. dealer. Repairs or accessories acquired abroad for your vehicle must be declared on your return and may be subject to duty."

Which means that you'd need to declare the motor swap (and possibly pay duty on its value). Once you declare the motor swap, you may have some awkward questions to answer about the engine's status with the EPA. Or not.

It all boils down to your tolerance of risk, and maybe having a plan B ready in case things go south. I've heard accounts of modified cars (motor swaps and/or modified or deleted emissions equipment) getting through US Customs without incident. How much do you love the car? And, do you feel lucky?

 

[suzuguru]

The question is... just how much of a gambler are you? It might slip through, and it might not. If they run the VIN and see that it wasn't originally equipped with a 1HDT, odds are that they will flag it. Personally, I wouldn't take the chance, but that's just me.

 

[knuckle47]

I have only had 1 Imported vehicle…what would happen when a vehicle is flagged for something like this? Is there an option to ship a vehicle without an engine yet everything else is compliant?

 

[gilmorneau]

what would happen when a vehicle is flagged for something like this?

Vehicles that are determined by Customs to be ineligible for import would need to be exported or surrendered.

Is there an option to ship a vehicle without an engine yet everything else is compliant?

Yes. Vehicles shipped without engine + transmission (i.e. "rollers" or "gliders") are considered auto parts by Customs. Everything that is there would need to be compliant or exempt from NHTSA safety standards, just as if it were a complete vehicle, but without an engine EPA regulations should be irrelevant. There's an exception that if the motor for the car is included in the same shipment (in the same container), then Customs considers it a vehicle, subject to all the rules for vehicles.

Note that shipping a car sans motor is a little different than normal RoRo service because of course, the car won't be able to drive on/off the ship. Some RoRo carriers won't accept a non-driving car, and the carriers that do will usually charge extra for the hassle of towing (or forklifting!) your car onto and off of the ship. The usual way to ship a non-operational vehicle is in a container.

 

[cruiserpilot]

I'm just going to ask since I have no ability to understand lawyer talk. Is Canada considered overseas? Can a 2010 Toyota
vehicle be sold into the USA? It was made in USA. Is there any paperwork needed to be done first?

 

[gilmorneau]

I have no ability to understand lawyer talk.

^^This from the guy with Latin in his signature. lol...

Is Canada considered overseas?

Not overseas, but it is (for the time being) another country, so imports from there are regulated the same as from any other country.

Can a 2010 Toyota
vehicle be sold into the USA?

Presumably you're asking if a 2010 Toyota originally sold into Canada can be sold into the USA? If so, the answer is "maybe". If the car complies with all US FMVSS (Federal Motor Vehicle Safety Standards) and EPA emissions regulations as of its manufacture date, then yes, no problem. If it's compliant, it will have a sticker somewhere on it with that information. No sticker, no compliance. If it's not compliant, it would need to be modified by a Registered Importer to become compliant.

It was made in USA.

Helpful to know, as a US manufactured car is more likely to be US regulations compliant (for ease of manufacturing, if nothing else), but the important distinction isn't where it was built, but what market is was intended to be sold in.

Is there any paperwork needed to be done first?

You can do it ahead of time, you can do it at the border, or you can do it at your local CBP office when you're in the US. Ideally, you'd prepare your Customs declarations forms (DOT HS-7 and EPA 3520) prior to crossing the border, and have your ownership papers, insurance, Bill of Sale (if applicable), etc. with you when you enter the US. Stop at Customs, tell them you want to import the car. They'll give you a stamped 7501 form (that confirms that the car has cleared Customs) and maybe collect import duty from you (depending on the circumstances). Once it's cleared US Customs, you can sell it to anyone in the US.

 

[cruiserpilot]

^^This from the guy with Latin in his signature. lol...

Not overseas, but it is (for the time being) another country, so imports from there are regulated the same as from any other country.

Presumably you're asking if a 2010 Toyota originally sold into Canada can be sold into the USA? If so, the answer is "maybe". If the car complies with all US FMVSS (Federal Motor Vehicle Safety Standards) and EPA emissions regulations as of its manufacture date, then yes, no problem. If it's compliant, it will have a sticker somewhere on it with that information. No sticker, no compliance. If it's not compliant, it would need to be modified by a Registered Importer to become compliant.


Helpful to know, as a US manufactured car is more likely to be US regulations compliant (for ease of manufacturing, if nothing else), but the important distinction isn't where it was built, but what market is was intended to be sold in.

You can do it ahead of time, you can do it at the border, or you can do it at your local CBP office when you're in the US. Ideally, you'd prepare your Customs declarations forms (DOT HS-7 and EPA 3520) prior to crossing the border, and have your ownership papers, insurance, Bill of Sale (if applicable), etc. with you when you enter the US. Stop at Customs, tell them you want to import the car. They'll give you a stamped 7501 form (that confirms that the car has cleared Customs) and maybe collect import duty from you (depending on the circumstances). Once it's cleared US Customs, you can sell it to anyone in the US.

Thank you. I had gotten much of that information. It’s nice that I had not missed anything. Only
one link for the DOT HS-7 form didn’t go thru. But no worries I can cross that bridge when I get
to it. I’ll be listing a Tundra soon, want to be ready.

 

[WarDamnEagle]

Thank you. I had gotten much of that information. It’s nice that I had not missed anything. Only
one link for the DOT HS-7 form didn’t go thru. But no worries I can cross that bridge when I get
to it. I’ll be listing a Tundra soon, want to be ready.

If it's a Tundra, correct me if I'm wrong @gilmorneau, but won't that incur a 25% import duty since it's a truck?

 

[cruiserpilot]

If it's a Tundra, correct me if I'm wrong @gilmorneau, but won't that incur a 25% import duty since it's a truck?

I will find out.

 

[WarDamnEagle]

I will find out.

I just didn't want that to catch you by surprise.

 

[gilmorneau]

won't that incur a 25% import duty since it's a truck?

It shouldn't. Under NAFTA (North American Free Trade Agreement) the "chicken tax" (25% duty) is not applied to trucks bought in Canada and imported to the US.

Edit: all subject to change given current political events, of course.

 

[Joe45]

Hopefully I didn't miss my question being answered, but here goes...

How would it work to purchase a vehicle there, like a Land Cruiser, fly in and drive it around for a month or so, and then ship it here?
Are there recommended dealers for that, or use same ones that usually ship them to the US?
Seems like it would be fine to buy it and drive it and then just have them ship it here when the trip is over.

 

[oneOf8billion]

Hi all,
I have another question about that the car must be in original condition. Does this rule only apply for the drive train or will a aftermarket back bumper and changed suspension on a 25 year old car also make trouble?

Thanks

 

[suzuguru]

Hi all,
I have another question about that the car must be in original condition. Does this rule only apply for the drive train or will a aftermarket back bumper and changed suspension on a 25 year old car also make trouble?

Thanks

Most likely those alterations won't be of any concern. They are mostly concerned about the drivetrain.

 

[gilmorneau]

Does this rule only apply for the drive train or will a aftermarket back bumper and changed suspension on a 25 year old car also make trouble?

The language about "original unmodified condition" appears in EPA regulations, and applies specifically to the engine and emissions equipment. I've never heard of anyone having any trouble getting non-original bumpers, wheels, paint, suspension, etc. through Customs. You should be fine.

 

[gilmorneau]

How would it work to purchase a vehicle there, like a Land Cruiser, fly in and drive it around for a month or so, and then ship it here?

Depends entirely on where "there" is. It can work in some countries (Canada, Germany, and Australia come to mind), and not so well in others (Italy, for one). You would need to inquire of local authorities. What you'd want is some sort of temporary registration or transit permit and a short term insurance policy. In most cases you'll need an address you can use, too.

 

[oneOf8billion]

Ok, thanks guys for all the answers. So no rules about original state from the NHTSA.....nice thanks.