Importation Rules Changed ?????

[Revtor]

The red truck looks awesome! I hope it has original engine and #'s match. . Would hate to see a beauty like this lost to the BS..
Good luck with your import!!!!!


keep us in the loop. .

[nate6472]

The broker and CBP official stressed original condition although this is not mentioned on the CBP website for guidelines. New paint, off road tires, lights, tint, etc are not "original" I think too much authority is given the import officials. BTW, I hired a broker for the first time and she shared the story about the siezure - definately too many issue plus it had a 300tdi

[bsjbrown]

The red truck looks awesome! I hope it has original engine and #'s match. . Would hate to see a beauty like this lost to the BS..
Good luck with your import!!!!!


keep us in the loop. .

Thanks - she is and I have seen the VIN's and they all match - she is original with exception to interior work and the paint. Heck even the bonnet is original. Only minor body work done - repair only no replacement. Engine was tuned etc. but nothing altered. I wanted AC put in as I live in Dallas, Texas and yes it does get a bit warm here in the summer. However that would have been an alteration and that is why the AC kit is in a box in the back of the car.

The way I see it I have enough documentation, pictures and everything verifying authenticity that I could win a battle if I have one. As such I can allege:

Unlawful seizure of Property
Violation of Due process statutes (if I am not allowed to intervene with my documentation)

They are really hot on the trail of Land Rover Defenders as of 04/15/2013 press releases. But hey, lets just ignore the real crooks getting stuff through our borders.

[bsjbrown]

The broker and CBP official stressed original condition although this is not mentioned on the CBP website for guidelines. New paint, off road tires, lights, tint, etc are not "original" I think too much authority is given the import officials. BTW, I hired a broker for the first time and she shared the story about the siezure - definately too many issue plus it had a 300tdi

US Customs has defined "original unmodified condition" as a vehicle that has not been significantly altered from its original key structural or mechanical configuration. This means a vehicle can be sympathetically restored, repaired or reconditioned but that it cannot be fundamentally altered. You cannot import a vehicle that has a contemporary engine (unless that engine is formally approved by the EPA); a replacement chassis; an automatic transmission conversion, a modernized drive or suspension system, or that has been converted from right hand drive to left hand drive.

[Maryland 110]

The problem is the term "sypathetic" is completely arbitrary.

You may well have trouble with your MUD Uk center dash pod and new seats, carpeting etc as those are viewed as modifications/modernization, not restoration. The way seizures work is there is no back and forth with the inspecting officer. They are very cloak and dagger and usually refuse to communicate,so there will be no oportunity to offer your documentetion until after they decide to deny entry. I would be extremely suprised if your container is not selected for an intensive exam as all inbound containers with Land Rover on the manifest are being advance targeted prior to arrival.
Ping me @ doug@dividingcreekimports.com if you get jammed up.

They have lightened up a bit. I have had 5 trucks clear in as many days in 5 different ports.

[bsjbrown]

The problem is the term "sypathetic" is completely arbitrary.

You may well have trouble with your MUD Uk center dash pod and new seats, carpeting etc as those are viewed as modifications/modernization, not restoration. The way seizures work is there is no back and forth with the inspecting officer. They are very cloak and dagger and usually refuse to communicate,so there will be no oportunity to offer your documentetion until after they decide to deny entry. I would be extremely suprised if your container is not selected for an intensive exam as all inbound containers with Land Rover on the manifest are being advance targeted prior to arrival.
Ping me @ doug@dividingcreekimports.com if you get jammed up.

They have lightened up a bit. I have had 5 trucks clear in as many days in 5 different ports.

Thanks you have echoed some of my concerns as well. That is the issue I have been debating over an over - there is no defined term by the CBP on what is "remanufacturing", "modification", "restoration". It is completely subjective and has been frustrating me through this entire process. I keep going back to a legal definition of "remanufacturing" and trying to find a precedent as set forth by the CBP and can only find is the attached letter from 1999 to HarLand Rover Restorations (http://isearch.nhtsa.gov/files/20592.ztv.html).

However replacement of ancillary equipment - as long as that equipment was originally available back in 1988 should be a compelling argument. One could argue the seats and carpet were not in former, original, normal, or unimpaired condition. The MUD center dash being a cosmetic bolt on could be removed and therefore now it is in compliance. The same could be said for any other new parts provided. It is a compelling and confusing situation and has been driving me nuts.

The news I did hear today from my customs broker is that the hold for Intensive Examination is no longer on my file. As of 4PM it had not been noted that the X-ray was completed however she was told the container had completed X-ray and was being moved to a non-customs hold area of the port.

What we 'theorize" is when it arrived Customs advised us they were going to perform an intensive examination but that it was going to be dockside. What I am hoping is that since it has been sitting there since Sunday morning the CBP Agent performed his intensive exam dockside while it was waiting on the X-ray exam. Appears the Port of Houston only performs the container X-ray exams on Wednesday and Friday. So essentially they did the intensive first then for procedure performed the X-ray exam on the container.

Now none of this has been verified officially on the computer systems so I will know for sure in the morning - keeping my fingers crossed on this and hopefully they have done what they need to do and done it in amazingly efficient time. Having been a US Army Officer (mobilized in the first Desert Storm back in the 90's) I am skeptical that our Government can be that efficient. However I would be pleasantly surprised if that is in fact the case and all of this is done and over with.

However I will ping you if for some reason there is a log jam. Otherwise I will be flying to Houston either Friday or Monday and driving the Landy home.

[bsjbrown]

Well my thoughts that CBP was efficient was not correct. It is being moved to the Bonded Warehouse for Intensive Examination and the initial key entry was an error (not surprising). So now it will sit and wait for them to perform the exam. To be honest I am somewhat upset with the unscrupulous individuals who have caused all of this to happen by importing them illegally. They have essentially destroyed this process for those of us who are following the rules.

I have a question - why do I see all these Rover's for sale out there with 300tdi Engines when that engine design will not be 21 years old yet for at least another year or two? Assuming those are some of the illegal Rovers that were imported, or in some cases legally imported but engine swaps were done with an illegally imported engine?

I know there is no back and forth with the inspecting officer but if something was to go wrong there is an appeal process. Furthermore there is an Ombudsman that I can contact related to CBP. So right now it is wait and see and from there I will proceed as needed.

[Maryland 110]

If they did the intensive then there no point in the VACIS/x ray. Intensive means they open the container and inspect the cargo. All ro/ro vehicles are inspected, containerized cargo usually only gets x rayed. If your container was given an "intensive" a the port that would be a first. Customs has designated warehouses @ every port where they dray a container to and inspect the cargo. Taking a container out of the stacks and setting it on the ground so an officer can inspect it has never happened to me in 80+ containers. USDA has done it that way a couple times- they call that a "tailgate inspection". Well aware of what happens if it goes awry, I have imported hundreds of defenders. Got my fingers crossed for you.

[bsjbrown]

If they did the intensive then there no point in the VACIS/x ray. Intensive means they open the container and inspect the cargo. All ro/ro vehicles are inspected, containerized cargo usually only gets x rayed. If your container was given an "intensive" a the port that would be a first. Customs has designated warehouses @ every port where they dray a container to and inspect the cargo. Taking a container out of the stacks and setting it on the ground so an officer can inspect it has never happened to me in 80+ containers. USDA has done it that way a couple times- they call that a "tailgate inspection". Well aware of what happens if it goes awry, I have imported hundreds of defenders. Got my fingers crossed for you.

Thanks - Appreciate the support and good Karma. Its at the bonded warehouse (Port of Houston has two of them) and this is the one my Import Broker was going to have it at for unloading anyway irrespective of Intensive exam or not. So it will sit there and wait. . . . . . . .and wait . . . . . until the agent does the intensive.

Since you have had some recent experience and considering the recent austerity measures aka budget cuts, what is the time you are seeing for delays for the intensive exams? My broker advises about 5 days based on last Rover that went through Port of Houston (about 2 weeks ago).