EPA to effeectively halt importation of mini-truck

[Krakatoa]

First off I apologize for the length of this post, but it is of the utmost importance that anybody who brings mini-trucks into the US be aware that the EPA have created rules that go into effect December 8th that will effectively stop you from importing mini-trucks.

If you are an importer you may want to seek some legal advice, at a minimum you will probably want to call the EPA guys referenced in the letter below from an exporter in Japan and your elected officials. The EPA is great, our economy is already in HUGE TROUBLE, let’s put the little guy out of business while the BIG GUYS get bailed out with our TAX DOLLARS!

The rule is part of document that 571 pages in Word. I am putting 2 and 2 together. That is I am basing my opinion on what the exporters letter says and what I was able to find in the document.

The short of it is, that since mini-trucks were made for on-road use in Japan, they are now “new” nonroad vehicles (regardless of the year of actual manufacture) in the United States, thus they must meet EPA emission standards for new nonroad vehicles (have a “Certificate of Conformity” for each year, make and model) regardless of whether or not they have there max. speed restricted to 25 mph. Only the government can magically make a 9 year old truck brand new!

Below is the letter from the exporter and some language from the 571 page rule making document, here is a link to all 571 pages - http://edocket.access.gpo.gov/2008/pdf/E8-21093.pdf

From: XXXXXXXXX
Sent: Thursday, October 16, 2008 9:27 PM
To: XXXXXXXXXX
Subject: EPA

To all kei importers:

As many of you are well aware of the EPA has been bearing down hard on the importation of kei (mini) trucks. They have tightened their regulations and increased their inspections of the plates used to restrict the manual transmissions from shifting outside of 1st and reverse gears. Although there is no published standard by the EPA, which has caused a great deal of confusion and in many instances grief by importers who were subjected to having their units seized by EPA officials who deemed the existing plates unacceptable based on personal opinion even though they hadn't personally inspected the units but rather just photos sent from Custom's officials, there are means of obtaining a ruling on the plates you intend to use. This ruling of course will also be subject to an EPA official's personal opinion however because there still remains no clear published standard. I believe checks are traceable so your EPA official would probably prefer you bring cash when requesting design approval for the restrictive plates.

Mr. David Alexander of the EPA did tell me by phone conversation that the basic model the EPA was looking for required a 1/8" thick plate with a "Z" cutout continuously welded on all 4 sides and securely welded to the vehicle chassis. He said you may submit your design for approval to the EPA prior to importing the vehicles. Mr. Alexander may be reached by phone at 202-564-2109 for further questions.

In addition to the transmission restrictions already in effect additional EPA restrictions are scheduled to be put into place as early as December 2008. The new restrictions are aimed to govern and/or control the vehicles' emissions. According to Mr. Alan Stout of the EPA any motor vehicle that is converted from road usage to non-road usage such as the kei trucks is subject to emission controls. The EPA is looking to put into place a certification requirement for any of the imported vehicles. Both Mr. Alexander and Mr. Stout hinted that the new controls would effectively put an end to the kei imports by making it too costly for the importers to earn a profit. Many of you may see this as a purposeful trade barrier being implemented by the EPA to end kei importations for reasons that are unclear to those of you who depend on the imports to provide a livelihood for yourselves, your staff, and all of your families: you are correct that is exactly what it is!

Next week in Michigan there will be a meeting concerning the new certification requirements and how the EPA intends to implement them. For more information please contact Mr. Alan Stout by phone at 734-214-4805 or mail at Stout.Alan@epamail.epa.gov

Individually each and everyone of you are out there is suffering. Even before the EPA issued it's letter September 18th stating that any vehicles landing on U.S. soil before September 30th without acceptable restriction plates will be seized many of you had your products confiscated and you were not allowed to modify your vehicles within Free Trade Zones (FTZ) in order to meet personally subjective EPA guidelines. You have had your assists confiscated, your livelihoods ruined, your savings eliminated, and your concerns passively dismissed by EPA and Custom officials. Now they stand to prepared to strike the final blow to destroy your businesses and your means to provide for you and your employee's families. If provided the opportunity to go unchallenged the EPA will make it feasibly impossible for you to continue your import businesses. It is imperative that all of the importers unite to stop this tragedy before it begins.

The first step is to contact your local representatives such as state Governors, Congressmen, and Senators to voice your concerns. It is especially imperative in an election year to voice your concerns and make it clear that you will support the person(s) that will support you and your businesses. The greater the pressure applied thru state legislative branches and their representatives the greater the chance that your voices will be heard and you will receive a favorable solution to the problem that faces you. It is important that you provide your representatives with as much information as possible in a clear format including the names, phone numbers, and if possible the title of the person(s) you have spoken with. It is necessary for the individuals that have contributed to the barriers being built against your livelihoods stand and account for their words and actions.

The next step is to get legal representation by a person or firm that has experience dealing with governmental departments such as the EPA and Customs. Forty or fifty individual lawyers each representing different clients will get nowhere at a monumental cost. I would like to suggest that all importers consider utilizing one representative splitting the cost to minimize everyone's output while increasing your chances of obtaining a favorable outcome. My suggestion would be for interested parties to contact Mr. Jeffrey Meeks a lawyer in Washington D.C. who formerly headed the U.S. Customs Department. I understand he is interested in pursuing the case however I have not had any direct contact with him as of yet. Please contact Mr. Meeks by phone at 508-696-5940 or mail at Jeffrey.Meeks@mscustoms.com

Please pass this letter on to other importers so that as many voices as possible will be heard and represented at the EPA meeting next week and beyond.

Semper Fi,
XXXXXXXX

From the EPA rule –

New nonroad engine means any of the following things:

(1) A freshly manufactured nonroad engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as "brand new." In the case of this paragraph (1), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes first.

(2) An engine originally manufactured as a motor vehicle engine or a stationary engine that is later used or intended to be used in a piece of nonroad equipment. In this case, the engine is no longer a motor vehicle or stationary engine and becomes a "new nonroad engine." The engine is no longer new when it is placed into nonroad service. This paragraph (2) applies if a motor vehicle engine or a stationary engine is installed in nonroad equipment, or if a motor vehicle or a piece of stationary equipment is modified (or moved) to become nonroad equipment.

(3) A nonroad engine that has been previously placed into service in an application we exclude under § 1054.5, when that engine is installed in a piece of equipment that is covered by this part 1054. The engine is no longer new when it is placed into nonroad service covered by this part 1054. For example, this would apply to a marine-propulsion engine that is no longer used in a marine vessel but is instead installed in a piece of nonroad equipment subject to the provisions of this part.

(4) An engine not covered by paragraphs (1) through (3) of this definition that is intended to be installed in new nonroad equipment. This generally includes installation of used engines in new equipment. The engine is no longer new when the ultimate purchaser receives a title for the equipment or the product is placed into service, whichever comes first.

(5) An imported nonroad engine, subject to the following provisions:

(i) An imported nonroad engine covered by a certificate of conformity issued under this part that meets the criteria of one or more of paragraphs (1) through (4) of this definition, where the original engine manufacturer holds the certificate, is new as defined by those applicable paragraphs.

(ii) An imported engine that will be covered by a certificate of conformity issued under this part, where someone other than the original engine manufacturer holds the certificate (such as when the engine is modified after its initial assembly), is a new nonroad engine when it is imported. It is no longer new when the ultimate purchaser receives a title for the engine or it is placed into service, whichever comes first.

[suzuki4me]

Just did my part and sent e-mails to both the Senators and Congressman representing our district. I hope EVERYONE does the same!

[OldMachinist]

I read some of the EPA document I wonder when they wrote it since several times they refer to the average fuel price being $1.81.

[gregw98]

Makes you wonder about these imported Japanese tractors or any farm tractor for that matter. Do all these harvesters and other farm equipment meet EPA standards. Then you have to question powerboats, race cars, as NASCAR, and Indy style cars. Are jet planes being tested. These bunch of yahoos sitting at their desks up in Washington, ripping off the general public and getting rich under the table, trying to squash the little guy really gets me P.O.ed.

[Samurai9]

It would take a legally trained person many hours to figure out these documents. A layman or someone unfamiliar with this area of the law would probably be unable to understand their legal significance. Legal documents cannot be understood without reading all parts, seeing how they relate to each other, and viewing material in the full context of all other relevant legal authority. You cannot just look at a sentence here and there and assume that the words can be understood like everyday language. From scanning the introduction to the cited rule, it is not clear to me that there is anything NEW which applies to kei trucks. Some of the rule seems to apply to boat motors and lawn mowers. I would be cautious in getting upset about this or contacting representatives without full study. Just my opinion.

Sam

[dmerc]

Makes you wonder about these imported Japanese tractors or any farm tractor for that matter. Do all these harvesters and other farm equipment meet EPA standards. Then you have to question powerboats, race cars, as NASCAR, and Indy style cars. Are jet planes being tested. These bunch of yahoos sitting at their desks up in Washington, ripping off the general public and getting rich under the table, trying to squash the little guy really gets me P.O.ed.

Amen! This Country has been sold out in every possible way!

[jtpc]

Hmm, well, I hope all that isn't true

[Mighty Milt]

l'll let you guys in on a little secret. the emissions testing for off road vehicles is less stringent than for on road vehicles. here in arizona they only do an idle test not a dynomometer test. somehow, i'm not worried as long as you are using them for off road use only

[miniman]

This report is 100% true, i've talked to the EPA and they are doing this to eliminate the importation of mini trucks into the U.S. The entire point of these proposed changes is to kill mini trucks coming into the U.S. When I spoke to one of the individuals listed in this report his words were "We're tired of Japan dumping these trucks here as something that they are not and we're going to put an end to it". Everyone that enjoys minis needs to contact their representatives and let them know the EPA has unilaterally decided to destroy an entire industry for some unknown reason.

[Colin]

It's far from an unknown reason. I think the ATV industry is lobbying pretty hard to keep these things illegal.

This country is really going down the shitter, and has been for a long time.

[dmerc]

This report is 100% true, i've talked to the EPA and they are doing this to eliminate the importation of mini trucks into the U.S. The entire point of these proposed changes is to kill mini trucks coming into the U.S. When I spoke to one of the individuals listed in this report his words were "We're tired of Japan dumping these trucks here as something that they are not and we're going to put an end to it". Everyone that enjoys minis needs to contact their representatives and let them know the EPA has unilaterally decided to destroy an entire industry for some unknown reason.

Yet they'll allow those crappy Chinese 3 wheeled trucks in?

Give us a name, I've been writing hate mail to Congress, Whitehouse, etc, over THIS article,below, so might as well chew on his fanny too!!

OOPS! Didn't note the link....I emailed Mr Stout at his epa mail link.


http://www.minitrucktalk.com/showthread.php?t=3147

[dmerc]

It's far from an unknown reason. I think the ATV industry is lobbying pretty hard to keep these things illegal.

This country is really going down the shitter, and has been for a long time.

yet the majority of ATV's are Japanese, I would think?

[boosted mitsu]

i think we should all look into this more deeply before we assume all is bad.
there may be something that is overlooked.

just my 2 pennies

[jtpc]

If its true that it will be more difficult to import I wonder how this will affect the states where they are legal as 'on-road' such as Wyoming and Oklahoma.
I know that it won't affect the Oklahoma-built 'tiger trucks'. It would actually help their business if the japanese trucks weren't imported so much.
?

[dmerc]

i think we should all look into this more deeply before we assume all is bad.
there may be something that is overlooked.

just my 2 pennies

Kinda' hard to NOT assume it's all bad, after this post:

>>>>>>>>>This report is 100% true, i've talked to the EPA and they are doing this to eliminate the importation of mini trucks into the U.S. The entire point of these proposed changes is to kill mini trucks coming into the U.S. When I spoke to one of the individuals listed in this report his words were "We're tired of Japan dumping these trucks here as something that they are not and we're going to put an end to it".