What happens if the car you imported illegally is discovered – Jalopnik

We will not tolerate shady practices, but we cannot deny that jealousy is real. Growing up, it kind of stings when our friends have cool things that we don’t. The same goes for some adults when it comes to cars that aren’t available in the United States but are easily available elsewhere. From headlight technology to safety and emissions standards and the way fuel economy is measured, the US has a legacy of following its own rules. And in 1988, Congress dropped the hammer on importing vehicles it deemed out of compliance, resulting in a 25-year auto import rule with a complicated history.

The Imported Vehicle Safety Compliance Act of 1988 makes it illegal to sell a car that has not been factory designed to meet U.S. regulations until that car is 25 years old. In short, a confluence of American consumer trends and global economic factors came to a head in the 1980s. These conditions made it attractive for “gray market” luxury car importers to undercut dealerships and circumvent safety and emissions regulations. This displeased both Congress and manufacturers, hence the law.

US Customs provides an overview of the current import process. If you don’t follow the rules and Uncle Sam finds out, you could be hit with a hefty civil fine of up to $10,000 and your car will be seized and forfeited. You will receive a dated seizure notice by mail, in which you can request your ride back within 30 days. Compliance, re-export and destruction are all possible.

Starting with the worst case scenario of forfeiture, if an illegal import case cannot be resolved, the vehicle can be seized. Not only will customs stop an offending vehicle, in some cases they will also publicly and somewhat gleefully destroy it. Consider the fruits of Operation Atlantic, an ongoing joint effort between American and British law enforcement that sends rule-breaking vehicles to the crusher. Grab your popcorn and see the innards of an illegally imported Mini Cooper.

Car manufacturers also play a role, because intellectual property can be at stake. Kei cars – small and perfect for Japan’s smaller streets – are a popular platform for retro-style, tribute conversions. With fans at home and abroad, these kei kits can make newer Subarus look like old Volkswagens, for example.

Kei cars built before 2000 are now eligible to enter the US, while the government is also currently questioning whether current kei cars make sense in the US, and should be sold new here in the future. But when Tiki Bunny Imports, a company that specializes in imports from Japan and Australia, tried to legally import a 1996 Subaru Sambar kei car in a classic Volkswagen Type I Bus costume in 2021, customs had it checked by Volkswagen for copyright verification. The drive reports that Volkswagen said “no” and that Das Sambar was broken.

Destruction is not the only fate for illegally imported vehicles. Some loopholes and considerations exist for cars that are newer than the 25-year import rule typically allows. The National Highway Traffic Safety Administration (NHTSA) offers Show and Display resources for collectors and the like. It also offers this handy document for bringing vehicles into the Canadian market for personal use into the US. It’s relatively simple, as long as the car meets US regulations, which take into account metric speedometers and Canadian headlights. It’s conceivable that something like an aftermarket exhaust would have to go if you removed the catalytic converter, in which case you’d have to put it back in to bring the vehicle into compliance.

Even if it is possible, compliance is not always practical for cars coming from elsewhere. NHTSA itself notes that the time and expense to refurbish a vehicle may not be worth it. And even a technically compliant car can be rejected and returned for being dirty, as Customs states: “To protect against the importation of dangerous pests, the U.S. Department of Agriculture requires that the undercarriage of imported automobiles be free of foreign soil. Have your car steam-sprayed or thoroughly cleaned before shipment.”

If your illegal car is seized, cannot be recovered or compliant, and is not crushed, it may also be forfeited to a government auction and tagged for export. Designated export auction items, such as seized vehicles that cannot be legally registered in the US, are up for grabs internationally through Perlied Customs Brokers. Because these vehicles violate federal law, the Treasury Executive Office for Asset Forfeiture becomes involved, working with the U.S. Department of Homeland Security and a third party to conduct these auctions. The proceeds end up in the Treasury Forfeiture Fund, which is the Treasury says “are used for law enforcement activities and for restitution to victims of fraud.”

A wonderful now-it’s-your-problem regulatory byproduct of this whole operation is that the transaction only comes with a bill of sale that replaces all other existing documentation. No title transfer, no records. Winning bidders have 60 days to ship their prize out of the country or the vehicle will be auctioned again.

There’s a timeless joy in thinking about which 25-year-old cars you would import. In the meantime, if you have any questions about the legality of bringing your desired vehicle into the country, NHTSA recommends working with a professional and even provides a list of Active registered importers who specialize in navigating the system. In addition, and the link to Customs above, the Environmental Protection Agency provides emission-specific import information.