Interpretation ID: 2415y
Lund & Pullara, Inc.
P.O. Box 10148
Riviera Beach, FL 33404
FAX 305-842-9836
Dear Ms. Fogelman:
This is in reply to your FAX of April 2, l990, to Taylor Vinson of this Office, with reference to a l985 Mercedes-Benz 280SE sedan being imported from the Bahamas temporarily, for the purpose of repair. You have stated that "U.S. Customs wants a reassurance that they will not be held accountable if for some unforseen happening, this vehicle is not properly exported."
Although the new DOT vehicle importation regulations effective January 31, l990, make no specific provision for temporary importation of a nonconforming motor vehicle for repairs, when such a vehicle is owned by a nonresident of the United States and registered in a country other than the U.S., it is acceptable to this agency for the nonresident owner to enter it under the provisions of 49 CFR 591.5(d), the declaration by an importer who provides his passport number and country of issue that he is a nonresident importing the vehicle for personal use for a period not to exceed one year and will not sell the vehicle during that time. Such an entry is not accompanied by the new DOT conformance bond, which is required only for entries pursuant to 591.5(f) and (g).
I do not know what Customs means by being held "accountable" if the vehicle is not properly exported. You have stated that it will be accompanied by a Customs bond, and I assume that if the terms of that bond are violated Customs will take whatever enforcement action against the vehicle and its owner is deemed appropriate under the bond.
Sincerely,
Stephen P. Wood Acting Chief Counsel ref:591 d:4/26/90