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Exporting a Motor Vehicle
Exporting Used,
Self-Propelled Vehicles
Interpretation
and Application of 19 CFR Part 192
Section 192.1 Definitions
The following are general definitions for the purposes of CFR
192.2:
Certified:
"Certified" when used with reference to copy means a document
issued by an authorized government authority that includes on
it a signed statement by the authority that the copy is an
authentic copy of the original.
Copy:
"Copy" refers to a duplicate or photocopy of an original
document. When there is any writing on the backside of an
original document, a "complete copy" means that both sides of
the document are copied.
Export:
"Export" refers to the transportation of merchandise out of
the U.S. for the purpose of being entered into the commerce of
a foreign country.
Self-Propelled Vehicle:
"Self-propelled" vehicle includes any automobile, truck,
tractor, bus, motorcycle, motor home, self-propelled
agricultural machinery, self-propelled construction equipment,
self-propelled special use equipment, and any other
self-propelled vehicle used or designed for running on land
but not rail.
Ultimate Purchaser:
"Ultimate Purchaser" means the first person, other than a
dealer purchasing in his capacity as a dealer, who in good
faith purchases a self-propelled vehicle for purposes other
than resale.
Used:
"Used" refers to any self-propelled vehicle the equitable or
legal title to which has been transferred by a manufacturer,
distributor, or dealer to an ultimate purchaser.
Documentary Status
It is the responsibility of the reviewing inspector to ensure
that an original certificate of title is presented as provided
for in 19 CFR 192.2 (b). The certificate of title is the core
requirement in the Customs export process, regardless of the
vehicle's economic value, physical condition, or operating
order.
Structure of the Regulations
Procedurally, all exporters or their agents who present a
document to Customs are to begin at 19 CFR 192.2 (b) (1) and
then progress through each subsection until the exporter
arrives at the section and subsection(s) that apply to the
vehicle that has been presented to Customs for export. This
procedure ensures that no requirement is misinterpreted,
misapplied, or circumvented by either the exporter or the
reviewing Customs officer.
Section 192.2 Requirements for
Exportation
- Basic
requirements
A person attempting to export a used self-propelled vehicle
shall present to Customs, at the port of exportation, both
the vehicle and the required documentation describing the
vehicle to include the VIN or, if the vehicle does not have
a VIN, the product identification number (PIN). Exportation
of a vehicle will be permitted only upon compliance with
these requirements, unless the vehicle was entered into the
United States under an in-bond procedure, a carnet, a
Temporary Importation Bond, or under a personal exemption
for non-residents who entered the vehicle for a 1-year
period.
-
Documentation required
- For
U.S. Titled Vehicles
-
Vehicles issued an original certificate of title:
For used, self-propelled vehicles issued, by any
jurisdiction in the United States, a Certificate of
Title or a Salvage Title that remains in force, the
owner must provide to Customs the original Certificate
of Title or a Certified Copy of the Certificate of Title
and two complete copies of the original Certificate of
Title or the Certified Copy of the original.
-
Where title evidences third-party ownership/claims:
If
the used, self-propelled vehicle is leased or a recorded
lien exists in the U.S., in addition to complying with
paragraph (b)(1)(i) of this section, the provisional
owner must provide to Customs a separate writing from
the third-party-in interest which expressly provides
that the subject vehicle may be exported. This writing
must be on the third-party's letterhead paper and
contain a complete description of the vehicle including
the Vehicle Identification Number (VIN), the name of the
owner or lienholder of the leased vehicle, and the
telephone numbers at which that owner or lienholder may
be contacted and must bear an original signature of the
third-party and state the date it was signed.
-
Where U.S. Government Employees are involved:
If the used self-propelled vehicle is owned by a U. S.
Government Employee and is being exported in conjunction
with that employee's reassignment abroad pursuant to
official travel orders, then, in lieu of complying with
paragraph (b)(1)(i) of this section, the employee may be
required to establish that he has complied with the
sponsoring agency's internal travel department
procedures for vehicle export.
- For
Foreign-Titled Vehicles
For used, self-propelled vehicles that are registered or
titled abroad, the owner must provide to Customs the
original document that provides satisfactory proof of
ownership (with an English translation of the text if the
original language is not in English), and two complete
copies of that document (and translation, if necessary).
- For
Untitled Vehicles
-
Newly manufactured vehicles, issued a Manufacturer's
Statement of Origin (SO):
For newly manufactured, self-propelled vehicles that are
purchased from a U.S. manufacturer, distributor, or
dealer that become used (see section 4.1) and are issued
an SO, but not issued a certificate of title by any
jurisdiction of the United States, the owner must
provide to Customs at the time and place specified in
this section, an original SO and two complete copies of
the original SO.
-
Newly manufactured vehicles not issued an SO:
For newly-manufactured, self-propelled vehicles
purchased from a U.S. manufacturer, distributor, or
dealer that become used (see section 4.1) and not issued
an SO or a Certificate of Title by any jurisdiction of
the United States, THE OWNER MUST ESTABLISH THAT THE
JURISDICTION FROM WHERE THE VEHICLE COMES DOES NOT HAVE
ANY OWNERSHIP DOCUMENTATION REQUIREMENTS REGARDING SUCH
VEHICLES and provide to Customs, at the time and
place specified in this section, an original document
that proves ownership, such as a dealer's invoice, and
two complete copies of such original documentation.
-
Vehicles issued a junk or scrap certificate:
For vehicles for which a junk or scrap certificate,
issued by any jurisdiction of the U. S., remains in
force, the owner must provide to Customs the original
certificate or a certified copy of the original document
and two complete copies of the original document or
certified copy of the original.
-
Vehicles issued a title or certificate that is not in
force or are otherwise not registered:
For vehicles that were issued, by any jurisdiction of
the U.S., a title or certificate that is no longer in
force, or that are not required to be titled or
registered, and for which an SO was not issued, THE
OWNER MUST ESTABLISH THAT THE JURISDICTION FROM WHERE
THE VEHICLE COMES DOES NOT HAVE ANY OWNERSHIP
DOCUMENTATION REQUIREMENTS REGARDING SUCH VEHICLES
and provide to Customs the original document that shows
the basis for ownership or right of possession, such as
a bill of sale, and two complete copies of that original
document. Further, the owner must certify in writing to
Customs that the procurement of the vehicle was a bona
fide transaction, and that the vehicle presented for
export is not stolen.
- When
presented
-
Exportation by vessel or aircraft:
For those vehicles exported by vessel or aircraft, the
required documentation and the vehicle must be presented
to Customs at least 72 hours prior to export.
-
Exportation at land border crossing points:
For those vehicles exported by rail, highway, or under
their own power.
- The
required documentation must be submitted to Customs at
least 72 hours prior to export; and
- The
vehicle must be presented to Customs at the time of
exportation.
- Where
presented
Careful attention should be paid to 19 CFR 192.2 (d), "Where
presented." Port Directors will establish locations at which
exporters must present the required documentation and the
vehicles for inspection. Port Directors will publicize these
locations, including their hours of operation.
-
Authentication of documentation
Customs will determine the authenticity of the documents
submitted. Once determined, Customs will mark the original
documents. In most cases the original document(s) will be
returned to the exporter. In those cases where the original
title document was presented to and retained by Customs and
cannot be found prior to the vehicle's export, the
exporter's authenticated copy of the original documentation
serves as evidence of compliance with the reporting
requirements.
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