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09/09/2022
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(a) A nonroad engine offered for importation under §89.605 or §89.609 may be conditionally admitted into the United States. These engines are refused final admission, unless at the time of conditional admission the importer has submitted to the Administrator a written report that the subject nonroad engine has been permitted conditional admission pending EPA approval of its application for final admission under §89.605 or §89.609. This written report is to contain the following:
(1) Identification of the importer of the nonroad engine and the importer's address, telephone number, and taxpayer identification number;
(2) Identification of the nonroad engine owner, the owner's address, telephone number, and taxpayer identification number;
(3) Identification of the nonroad engine including make, model, identification number, and original production year;
(4) Information indicating under what provision of these regulations the nonroad engine is to be imported;
(5) Identification of the place where the subject nonroad engine is to be stored until EPA approval of the importer's application to the Administrator for final admission;
(6) Authorization for EPA enforcement officers to conduct inspections or testing otherwise permitted by the Act or regulations thereunder;
(7) Identification of the Independent Commercial Importer's (ICI) certificate of conformity that permits the ICI to import that nonroad engine (for importation under §89.605 or §89.609); and
(8) Such other information as is deemed necessary by the Administrator.
(b) EPA will not require a U.S. Customs Service bond for a nonconforming nonroad engine which is imported under §89.605 or §89.609. The period of conditional admission may not exceed 120 days. Nonroad engines imported under §89.605 or §89.609 may not be operated during the period of conditional admission except for that operation necessary to comply with the requirements of this subpart. During the period of conditional admission applicable to §89.605 or §89.609, the importer must store the nonroad engine at a location where the Administrator has reasonable access to the nonroad engine for inspection.
(c) During the period of conditional admission under §89.605 or §89.609, an ICI may transfer responsibility of a nonroad engine to another qualified ICI for the purposes of complying with this subpart.
(1) The transferee ICI must be a holder of a currently valid certificate of conformity for the specific nonroad engine being transferred or be authorized to import the nonroad engine pursuant to §89.609 as of the transfer date. The transferee ICI must comply with all the requirements of §89.603, §89.604, and either §89.605 or §89.609, as applicable.
(2) For the purpose of this subpart, the transferee ICI has “imported” the nonroad engine as of the transfer date as designated in a written record that is signed by both ICIs.
(3) The ICI that originally imported the nonroad engine is responsible for all requirements of this subpart from the actual date of importation until the date of transfer as designated in the written record. The transferee ICI is responsible for all requirements of this subpart beginning on the date of transfer.
(4) A copy of the written record is to be submitted to the Engine Programs and Compliance Division of EPA within five working days of the transfer date.
(d) Notwithstanding any other requirement of this subpart or U.S. Customs Service regulations, an ICI may also assume responsibility for the modification and testing of a nonconforming nonroad engine which was previously imported by another party. The ICI must be a holder of a currently valid certificate of conformity for that specific nonroad engine or authorized to import it pursuant to §89.609 at the time of assuming such responsibility. The ICI must comply with all the requirements of §89.603, §89.604, and either §89.605 or §89.609, as applicable. For the purposes of this subpart, the ICI has “imported” the nonroad engine as of the date the ICI assumes responsibility for the modification and testing of the nonroad engine. The ICI must submit written notification to the Engine Programs and Compliance Division of EPA within 10 working days of the assumption of that responsibility.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56996, 57021, Oct. 23, 1998]
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