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Filers May Now Use RLF/EIP to Enter Vehicles, Engines, Etc. Subject to EPA Forms 3520-1, 3520-21

U.S. Customs and Border Protection has issued a CSMS message informing filers that they may now use Remote Location Filing and Electronic Interface Program to enter goods subject to Environmental Protection Agency (EPA) Declaration Form 3520-1 (Importation of Motor Vehicles and Motor Vehicle Engines Subject to Federal Air Pollution Regulations) or Engine Declaration Form 3520-21 (Importation of Engines, Vehicles, and Equipment Subject to Federal Air Pollution Regulations) documentation.

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Entries for Nonconforming ICI Imports May Not be Filed Via EIP/RLF

The EPA does not authorize release of Independent Commercial Importer (ICI) imports with nonconforming codes A, C, J and Z (EPA Form 3520-1). Therefore, entries for nonconforming ICI imports may not be filed via EIP/RLF.

EIP/RLF Filers Can Certify They are Maintaining EPA Forms on File

In an effort to expand the use of EIP/RLF within the current Automated Commercial System (ACS), CBP will allow EIP/RLF filers to certify they are maintaining EPA forms 3520-1 or 3520-21 on file in accordance with the 19 CFR Part 163-Interim (a)(1)(A) List.

Filers Should Enter Appropriate Code, Certify Compliance, Retain Original Form

Filers will transmit, at the time of entry, the appropriate alpha numeric code described below with the associated EPA form number in the commercial description field of the C35 record. Further, filers will certify that the merchandise complies with all applicable EPA rules and orders. Original EPA forms will be retained in accordance with recordkeeping requirements as stated in 19 CFR Part 163.

Statement Code: ""

Denotes: Positive certification for all shipments require EPA Form 3520-1 and/or 3520-21. I certify that the merchandise on this line complies with all applicable EPA rules and orders.

Statement Code: "-"

Denotes: Negative certification. I certify that the merchandise on this line does not require either EPA Form 3520-1 or 3520-21.

For example:

"EPA 3520-1(with the appropriate statement code ( or -) and the appropriate alpha code)"

"EPA 3520-21 (with the appropriate statement code ( or -) and the alphanumeric code)"

CBP/EPA to Monitor Such Imports, CBP Will Refuse Entry w/out Certification

CBP and EPA will continue to monitor imports of such vehicles, engines, etc. to determine if shipments and their documentation comply with the certification requirements. CBP will refuse entry to any shipment without proper certification.

Format Subject to Change in ACE

CBP cautions that in the future, with the full integration entry summary processing into the Automated Commercial Environment (ACE), the prescribed format for submission to CBP of EPA Form 3520-1 and Form 3520-21 data is subject to change.

Virginia McPherson (EPA requirements)(202) 863-6563
Marla Bianchetta (EIP/RLF questions)(202) 863-6539

CSMS message (08-000116, dated 07/10/08) available at http://apps.cbp.gov/csms/viewmssg.asp?Recid=17124&page=&srch_argv=08-000116&srchtype=&btype=&sortby=&sby=