Importing BMW Motorcycle into the US from Canada

[Kai G. Llewellyn 837]

Hello!

 

I'm looking for some advice regarding importing my vehicle into the US. I'm being proactive about this so that I'm ready once the Consulate in Montreal issue me my visa.

 

So I have a BMW 2008 F650GS that was sold in Canada and I'd like to bring this with me when I move to the US. However, BMW have not been exactly helpful with this process. BMW Motorrad have flat out refused to issue any export/import documentation for their vehicles as a matter of policy. For the NHTSA requirements, this isn't such a problem as I can get a Registered Importer sort that part out. But the big hurdle is the EPA requirements. The RI has informed me that without a Certificate of Compliance or EPA emissions label, they cannot help me import the vehicle at all unless I go via an ICI, which is exceedingly expensive, plus no local ones in Blaine.

 

I'm wondering however if I can use Code 'M' on the EPA form to exempt it from the requirements, so that it only needs to be brought into compliance with the NHTSA.

 

 

 

 

By my reading of this, that anyone with a permanent Canadian Immigration status (i.e. Citizen or PR) is eligible to have the EPA requirements waived for the purposes of importation if they are permanently taking up residence in the US. Has anyone had success utilizing this exemption? And yes, I know that it would be easier to sell my Cdn bike and buy one in the US, but for sentimental reasons, I don't wish to do that.

 

Thanks,

 

CanadaDude

 

 

 

Edited December 21, 2020 by CanadaDude

[jackanddeona 310]

On 12/21/2020 at 4:20 PM, CanadaDude said:

Hello!

 

I'm looking for some advice regarding importing my vehicle into the US. I'm being proactive about this so that I'm ready once the Consulate in Montreal issue me my visa.

 

So I have a BMW 2008 F650GS that was sold in Canada and I'd like to bring this with me when I move to the US. However, BMW have not been exactly helpful with this process. BMW Motorrad have flat out refused to issue any export/import documentation for their vehicles as a matter of policy. For the NHTSA requirements, this isn't such a problem as I can get a Registered Importer sort that part out. But the big hurdle is the EPA requirements. The RI has informed me that without a Certificate of Compliance or EPA emissions label, they cannot help me import the vehicle at all unless I go via an ICI, which is exceedingly expensive, plus no local ones in Blaine.

 

I'm wondering however if I can use Code 'M' on the EPA form to exempt it from the requirements, so that it only needs to be brought into compliance with the NHTSA.

 

 

 

 

By my reading of this, that anyone with a permanent Canadian Immigration status (i.e. Citizen or PR) is eligible to have the EPA requirements waived for the purposes of importation if they are permanently taking up residence in the US. Has anyone had success utilizing this exemption? And yes, I know that it would be easier to sell my Cdn bike and buy one in the US, but for sentimental reasons, I don't wish to do that.

 

Thanks,

 

CanadaDude

 

 

 

Based on my conversations with border guards that is not an exemption that would work for you. I may be wrong but at no point was I ever told I was exempt due to emigration. At the same point I have the letter of compliance and so I didn't need one. I would specifically call the border you want to enter and ask the agents there.

[Kai G. Llewellyn 837]

11 minutes ago, jackanddeona said:

Based on my conversations with border guards that is not an exemption that would work for you. I may be wrong but at no point was I ever told I was exempt due to emigration. At the same point I have the letter of compliance and so I didn't need one. I would specifically call the border you want to enter and ask the agents there.

It's curious, because it looks like it's specifically an exemption for people moving from Canada to the US, and the EPA did say it is still in effect when I asked them about it. So if it doesn't apply to this case, I would be genuinely curious as to what case it does apply to.

 

Incidentally, there's two sets of requirements needed to import vehicles (outside the consideration of the registration requirements of your destination state):

 

1. EPA - These are purely emissions requirements. A letter of compliance, EPA label or Independent Commercial Importer (ICI) must be used. However, there are exemptions to the EPA requirements for importing, such as the one I'm looking at. If there's no exemption or letter/label, you're basically out of luck as ICIs are crazy expensive and might not even look at your vehicle.

 

2. NHTSA - These are safety, bumper, lights, anti-theft, labeling etc requirements which make up the FMVSS. Again a Letter of Compliance or FMVSS label must be present. Otherwise you must use a Registered Importer. There are no exemptions like the above for the NHTSA requirements. RI's are a bit expensive, but nothing prohibitive depending on the modifications needed.

 

So from my understanding, you can be exempt from #1, but not #2 as it must be satisfied by a Letter of Compliance, FMVSS label or use a Registered Importer. Maybe this explains your conversations with the border guards?

 

From what I can see the manufacturers will issue one letter of compliance which covers both EPA and FMVSS requirements for importation. Both EPA and NHTSA must be satisfied for importing a vehicle, this is why we have to use both the EPA form 3520-1 and NHTSA Form HS-7. The EPA requirements are a lot more problematic if the Canadian vehicle/immigrant exemption cannot be used.

 

I've written to US CBP about whether the exemption is accepted by them...but even they might not know. Looking this up online there is absolute scant information regarding its use, and I only happened to have found it when pouring through the EPA Importation manual. xD

Edited December 23, 2020 by CanadaDude

[jackanddeona 310]

22 minutes ago, CanadaDude said:

It's curious, because it looks like it's specifically an exemption for people moving from Canada to the US, and the EPA did say it is still in effect when I asked them about it. So if it doesn't apply to this case, I would be genuinely curious as to what case it does apply to.

 

Incidentally, there's two sets of requirements needed to import vehicles (outside the consideration of the registration requirements of your destination state):

 

1. EPA - These are purely emissions requirements. A letter of compliance, EPA label or Independent Commercial Importer (ICI) must be used. However, there are exemptions to the EPA requirements for importing, such as the one I'm looking at. If there's no exemption or letter/label, you're basically out of luck as ICIs are crazy expensive and might not even look at your vehicle.

 

2. NHTSA - These are safety, bumper, lights, anti-theft, labeling etc requirements which make up the FMVSS. Again a Letter of Compliance or FMVSS label must be present. Otherwise you must use a Registered Importer. There are no exemptions like the above for the NHTSA requirements. RI's are a bit expensive, but nothing prohibitive depending on the modifications needed.

 

So from my understanding, you can be exempt from #1, but not #2 as it must be satisfied by a Letter of Compliance, FMVSS label or use a Registered Importer. Maybe this explains your conversations with the border guards?

 

From what I can see the manufacturers will issue one letter of compliance which covers both EPA and FMVSS requirements for importation. Both EPA and NHTSA must be satisfied for importing a vehicle, this is why we have to use both the EPA form 3520-1 and NHTSA Form HS-7. The EPA requirements are a lot more problematic if the Canadian vehicle/immigrant exemption cannot be used.

 

I've written to US CBP about whether the exemption is accepted by them...but even they might not know. Looking this up online there is absolute scant information regarding its use, and I only happened to have found it when pouring through the EPA Importation manual. xD

Ya I agree with what you are saying. I'm just letting you know that in all my conversations with American agents they never mentioned a Canadian exemption to epa. In fact I was told my vehicle needs to be compliant. That being said doesn't mean you are wrong just letting you know my experience. My vehicle is compliant so I didn't do any digging on the epa side. 

 

The other thing you might need to look in to is if you will be paying the duty on it since it wasn't made in North America. 

[Kai G. Llewellyn 837]

Interesting, then again I have found CBP's knowledge to be lacking at times. They nearly denied my Swedish friend's entry because he had less than 6 months left on his passport despite Swedish nationals only needing validity up to the point of intended departure. They ended up having to call CBP Seattle and eventually let him in with an official telling off saying 'Don't put us through that again!!'. The lesson being that even if it is explicitly allowed, CBP might still not like it.

 

I guess we'll have to see what CBP come back with. I figure if I drop the California and Federal Certificates of Conformity (as the engine has been certified for both US and Canada), EPA handbook and pre-filled out form on the agent's desk whether they'd wave it through. I might be a bit optimistic on that front. xD

Edited December 23, 2020 by CanadaDude