Importing slightly non-compliant vehicle to US

Hi All,
I'm new here and can't find the answer to my question, and the CBP was predictably vague when I called.
I have a newer Hyundai Elantra, which meets all the DOT requirements, except for an 'advanced airbag'. It has an airbag, just not the one that changes deployment speed, etc depending on who's in the passenger seat. I guess the requirement came into effect in the US before Canada.

Have any of you run into this? Am I hooped or is there a chance they'll give me a pass at the border and let me import it anyway.

Also, any advice on which box I should check on the form:
1) Complies with all DOT yada yada (and hope they let it pass)
2) Does not comply and therefore I'm only requesting one year importation (in which case there would seem to be no chance they'd change the status to (1) (which is what I want).

General experiences with other 'slightly' non-compliant issues and what happened would be helpful too.

Thanks

It depends to some extent on the POE you use based on the posts on here. When I did it they basically gave me a conditional import until all the checks were done, there was a grubby inspection garage I had to take it to, they did the EPA test and the DOT inspection and then I went back to Customs with that paperwork to get the clearance - which you absolutely need because without it you can't get a US title or avoid State sales tax.

My car had originally been exported from the US so it was pretty much a formality, I don't remember them picking up on the altered headlights but it was a very long time ago now. Whether they'd pick up on an airbag I have no idea, they'd have to disassemble it to check, depends on how good the inspection is I guess.

Thanks for the info. So you didn't have the letter from the manufacturer attesting that your vehicle was compliant (or not)?

Hopefully this is how it will go for me. I had such an easy time the last time I was living in the US. I didn't even know I needed to import my vehicle. Just went to DMV and they gave me a new title and didn't ask for anything from customs. Probably I just got lucky with a DMV agent who didn't know what she was doing.

Does depend to some extent which State you're going to. I didn't have a compliant letter, didn't need one because it was originally exported from the US and I still had the original cancelled title.

Fellow Canucks, please advise:

Please give me some advice, you guys seem knowledgeable.If you guys don't know the 100% certain answer to this then please do not cause any more nervous energy then I already have about the unknowns here. Been here with Quebec plates for 14 years keeping my Plates, insurance and registration current in Canada. Never declared car at POE because at that time you did not have to. Cali DMV has no idea how long I have been here, could be last week for all they know. Problem is I have residency here for over 10 years, and kept renewing my Canadian stuff. I now have a new USA leased car with Cali Plates and License and insurance, etc... and I am now trying to sell my 91 Honda for 2-3K US or ship back to Plattsbugh and drive across the border, or ship it to Canada. I would like to do everything here if the cost is less then $500 to transfer everything, but if this opens up a can of worms with DMV, and Smog, and CBP, or POE or DOT, then I don't want to deal with all the hassles, or maybe for a 1991 it could be an easy experience if I get a cool Lady or Guy at the local DMV. I read all these posts that you guys wrote and I am flipped out, as when all my Montreal friends did the same thing with their cars some years back, they did it 1,2, 3 no problem without any major research. Please help or advise a worried Canuck who is overanlayzing everyhting due to all the various unfolding uncertainty and scenarios?

FYI: I wanted to donate it to charity to get a tax write off and take these potential headaches off my plate and the agent on the phone said they only take cars with a Title, and in Quebec there is no such thing, especially for a 1991 Accord, how can I fly under the radar and accomplish my goal of selling it here, No intention to drive it or get US insurance.

Much Appreciated, Fellow Cancuk

If it's never been formally imported and it's registered in Québec, your only real alternatives are to move it back to Canada (and probably Québec unless you want to do all the provincial stuff) or import it.

If you want to import it, if you live in California you could drive it down to San Ysidro and do it there. Obviously there's no duty on it given how long you've had it, not sure what the EPA is charging these days or the California DOT for all the tests, I'd be surprised if it was over $500 though. Obviously you'd have to get a title and register it as well which will cost some money.

Always been the case you had to declare it at the POE, I did it several years before that. Been the case since at least 1973 if not before.

I'm not sure you can even scrap it in the US if it hasn't been formally imported because the scrapper has to report the VIN to the DMV, although it depends on the State I think.

Hi I am moving to texs at the end of this month and want to take my car with me.I am very confused as to what I need to have to cross the border with it. Should I have n emmission test done here b4 going to border. I had one done last year , is this good enough? Should i contact the head office for this car, volkswagon passet, and get info from them as to whether it will guilify to cross? Help I am starting to freak out!!! Also I need to know what pperwork do I need to get my TN Visa at the border? Thanks

You didn't mention how old the VW is. You need a letter from Volkswagen on official letterhead stating that the vehicle complies with U.S. safety and emission standards. You present that letter to the CBP at the border and they will prepare an importation document for you. You take that document to the State Motor Vehicle office and provided you own the car, it can be titled and registered in Texas. If you do not have a safety/emissions letter, it may take a few weeks to get it depending on the manufacturer.

Your TN-1 is a separate matter. You will require a letter from your sponsoring employer on company letterhead stating that you are being petitioned as a Nurse (presumably) under NAFTA. You would require the following:

1) NAFTA Petitioning letter
2) Official degree and/or transcripts (bring both)
3) Passport
4) Ties to Canada (to show temporary intent, this is not really necessary, only optional since all NAFTA entries carry a non-immigrant intent)

If you do not have your ducks lined up and ready, yes, it could be a bit of a panic.

Hi I am moving to texs at the end of this month and want to take my car with me.I am very confused as to what I need to have to cross the border with it. Should I have n emmission test done here b4 going to border. I had one done last year , is this good enough? Should i contact the head office for this car, volkswagon passet, and get info from them as to whether it will guilify to cross? Help I am starting to freak out!!! Also I need to know what pperwork do I need to get my TN Visa at the border? Thanks

On the car end of it read: http://www.cbp.gov/xp/cgov/trade/basic_ ... ng_car.xml

With a Canadian spec vehicle it's usually straightforward (albeit long-winded) because the Canadian safety specs are tougher than the US ones. A Canadian emission test won't do you any good, you have to go to wherever CBP tell you to go and have a test done by the EPA.

One thing it doesn't mention very clearly on their website is that there is no duty for importing a car as a personal effect, unless you've owned it for less than a year.

I have a question.. I am a canadian who goes to Vegas for 3-4 months each winter. We want to purchase a vehicle there and leave it there? I assume we would need to register and plate it in Vegas. The question is this, Will we need to get a Vegas drivers license? Or would our canadian one do?