Information Re: Importing to the USA and Complete DIY How-To

[edmond4822]

Hey @edmond4822 , does California require that imported vehicles have the FMVSS compliance certification plate? That seems kinda silly since any car being imported that was originally built for a different market won't have one. Those plates are only affixed to vehicles built explicitly for the US market--there's no reason for a manufacturer to affix the plate or even conform to US FMVSS for a vehicle not intended for sale in the US.

That's the whole point of the 25-year import rule--it grants an exemption from US FMVSS, and thus an exemption from the requirement to have the certification plate.

I mean, California can make any requirements they want, but that would be a complete "game over" for anyone wanting to import a foreign-market car into California. Looks like @Rawloh44 has come up with a good workaround.

Hello @gilmorneau

You are correct about the federal safety plate.. All the cars manufactured for the US market have the plate because they passed the safety requirements. All cars not intended for the US market won't have this plate.

Fortunately most states don't require you to show proof of the federal safety label. They even don't have to see the car for inspection as long as you send the title and the picture of the vin number plate. Every state works different but they are all more easier then registering it in California.

The problem with California DMVs and especially in the big cities here is that they require to see the Federal safety label for safety reasons and also we have the problem of the SMOG inspection. California has its own anal rules.. They don't care about the 25 year import rule..

It's a case of luck for the some buyers in California.

You can go to a DMV and they might not check the Federal safety label and not send you to the highway patrol to determine further if this car is a USA spec car. If the Highway patrol determines that the car is a gray market car then the DMV will refuse to issue a title for it..

Another problem with the Cali sellers doing this and getting a Cali title the funny way is that when the time comes and they sell the car to a Cali buyer, and this buyer goes to a DMV or if the DMV asks for an vin inspection and they see that the car does not have the safety plate then this will cause a big problem to them and they will be forced to register the car in another state..

Some folks in California are driving their out of state plates. I see all kinds of cars here with out of state plates. It's nothing new. All high end cars that don't want to pay Cali sales taxes are getting their plates done out of state.

In my case, I don't deal with this mess in California. I register my trucks in Montana and almost most states don't require what California requires.. Its really not worth all this headache..

 

[edmond4822]

Hey @edmond4822 , does California require that imported vehicles have the FMVSS compliance certification plate? That seems kinda silly since any car being imported that was originally built for a different market won't have one. Those plates are only affixed to vehicles built explicitly for the US market--there's no reason for a manufacturer to affix the plate or even conform to US FMVSS for a vehicle not intended for sale in the US.

That's the whole point of the 25-year import rule--it grants an exemption from US FMVSS, and thus an exemption from the requirement to have the certification plate.

I mean, California can make any requirements they want, but that would be a complete "game over" for anyone wanting to import a foreign-market car into California. Looks like @Rawloh44 has come up with a good workaround.

Hello @gilmorneau

I would like to add one more note.

For California buyers who want to do get California plates and pass emissions the right way and with Government approval to obtain the plates and pass smog for gas engines for cars over 1975 and for diesels trucks before 1998, there is a
company named G&K Automotive. G & K Automotive Services | EPA & CARB Emissions Requirements - http://gnkauto.com/epa-carb-emissions/
They help owners obtain California plates They are expensive and they require 50% down payment for the project and could take up to 3 to 6 months to get everything done.

This is one way to get the title..

I am not 100% positive of the outcome but whoever wants to do it must do research about this company and maybe even visit their facility to see how things work out..

 

[Cjryu92]

Hey y'all,
This is an excellent thread and theres a ton of information. I appreciate the time people have put forward to this. So this is my predicament.
I have a 1993 Landcruiser Prado (KZJ78) and I've been living here in Australia for 4 years, I bought this truck a year ago and plan on bringing it back. But before I leave I will do these modifications:

Chop wagon cab to convert to dual cab, and replace the hood, fenders and headlights to look like the newer VDJ series, but I will keep the same engine.
I know the vehicle has to be unmodified but is this modification okay? I'm going to maintain the original chassis, engine and the body so technically all over 25 years etc etc.

I have pictures on my current config and what I plan on doing.
Any information would be helpful!
Thanks

 

[REDrum]

Chop wagon cab to convert to dual cab, and replace the hood, fenders and headlights to look like the newer VDJ series, but I will keep the same engine.
I know the vehicle has to be unmodified but is this modification okay?

If you do the above you are at risk of these two situations with US CBP:
1) denial of entry due to the degree of alteration from original OEM specification
2) by chopping the back end off and creating a quad cab with a rear bed it may then be looked at/considered a pick up truck and your tariff rate will go from 3% to 25%

Not saying it will happen but, IMO, there is strong risk that it could. More tariff is an easy, but financial painful, fix. However denial of entry under "box #1" (25 year exemption) would be a major hardship and heartbreak.

 

[Rawloh44]

If you do the above you are at risk of these two situations with US CBP:
1) denial of entry due to the degree of alteration from original OEM specification
2) by chopping the back end off and creating a quad cab with a rear bed it may then be looked at/considered a pick up truck and your tariff rate will go from 3% to 25%

Not saying it will happen but, IMO, there is strong risk that it could. More tariff is an easy, but financial painful, fix. However denial of entry under "box #1" (25 year exemption) would be a major hardship and heartbreak.

I agree that the risk is too high, I would recommend to make the modifications once you get it imported.

 

[Cjryu92]

If you do the above you are at risk of these two situations with US CBP:
1) denial of entry due to the degree of alteration from original OEM specification
2) by chopping the back end off and creating a quad cab with a rear bed it may then be looked at/considered a pick up truck and your tariff rate will go from 3% to 25%

Not saying it will happen but, IMO, there is strong risk that it could. More tariff is an easy, but financial painful, fix. However denial of entry under "box #1" (25 year exemption) would be a major hardship and heartbreak.

Thanks for the reply! Yeah I was kinda thinking that would be the case. I don't mind paying the additional 25% because I think it would be worth it, but denial at entry would mean it was all for nothing.

 

[Rawloh44]

Thanks for the reply! Yeah I was kinda thinking that would be the case. I don't mind paying the additional 25% because I think it would be worth it, but denial at entry would mean it was all for nothing.

Keep us updated on how everything goes good luck 🤞

 

[gilmorneau]

I know the vehicle has to be unmodified but is this modification okay?

Hard to say. As others have mentioned, it might be a bit risky.

That said, the language specifying that the vehicle must be in "original unmodified condition" is found in EPA form 3520-1, so it could be argued that it applies specifically to emissions equipment, not necessarily the body/frame of the car. DOT form HS-7 (re: safety standards) makes no reference to a vehicle's originality, only its age (over 25 years). But of course, do you really want to be arguing your case with Customs? Probably not.

I would recommend to make the modifications once you get it imported.

As noted above, it's not 100% clear that the modifications you're planning would make the car impossible to import, but just as an FYI--doing the modifications after it's here in the US wouldn't make it any more legal, it would only make it less likely you'd get caught since no one with the Federal government is ever likely to know you've done it.

 

[REDrum]

"....less likely you'd get caught since no one with the Federal government is ever likely to know you've done it"

That is a very risky position to make. Go lurk on the D90/110 forums and read of the headache and heartbreak created because CBP is usinging photos of body, engine and driveline to determine year and "originally" of all Defenders being imported under the 25 year (box 1) exemption, the trucks are pretty much guilty of non eligibility until to proven otherwise.

 

[gilmorneau]

...CBP is using photos of body, engine and driveline to determine year and "originally" of all Defenders being imported...

I'm not sure I was clear: The suggestion was made by @Rawloh44 to make any modifications after the car was already in the US, rather than making them prior to import and risking the car getting caught by CBP.

My point was that if a modification would disqualify a car from importation, that same modification performed once the car is already in the US would still be a violation of the same law(s). The only difference being that if you try to clear it through Customs, you're more likely to draw scrutiny. If you do it once the car is here, it's less likely anyone from the federal government is going to come looking for it.

As said previously in this thread, there's nothing magic about the moment a car passes through Customs that makes that the only time the laws apply.

 

[REDrum]

As said previously in this thread, there's nothing magic about the moment a car passes through Customs that makes that the only time the laws apply.

Agreed! There is a case where a back dated VIN D110 was in a major accident and the insurance underwriter delayed the claim, and medical bills of the people hit, because the truck was fraudulently imported as it was 2009 and not a 1990....