Is it legal for foreigners to sell a less than 25 year old JDM in the US?

[Slowboi]

Hi Japan4wd,

I dont think there is a debate about whether or not a vehicle is administratively legal in entering the USA. The grey area in this question is if Canadians can drive into the USA and sell cars to customers and then fly back home.

I have sold many JDM cars and some Americans have requested me to drive over the border under the guise of a visit and sell my car for cash. This in my opinion is really bad practice:

- First to do this you would have to lie to the border guard who will ALWAYS ask the same group of questions like "do you plan on leaving anything of value in the USA?" or they may straight up ask you if your selling your car. If you are caught lying they regularly slap 5 year travel bans on Canadians. These bans cant be appealed by the way.

- Secondly the smuggling section that exists in American law ( US code 18, part 1, chapter 27, sec 545) may apply if they can prove intent and the circumstance is severe. The punishment is listed as up to 20 years in prison/ a fine/ or both.

So yes its NOT illegal to sell a car to an American but how that car is delivered is a mine field for Canadians. I'm of the mind that if you want my car you can fly here and drive it over the border yourself.

[jdmvip]

Very interesting discussion I think Japan4WD helps clarify some things but Slowboi's caution is important for Canadians. I know myself by the way CBP talks about it they have a problem with it and it would definitely be illegal not to disclose the car was entering the US for the purpose of resale. I would personally never drive a car across the border to sell just because of the hassles and risks involved but I'm always curious on the exact legality and what people have done. Eg. if you declare the car will be sold what can US customs do? I imagine at their own discretion they could in a way circumvent the law and say "no the car is not 25 years old" so we won't allow it in despite even if it's gray area.

They do have a provision that some companies have used to import newer JDMs for show or track purpose. However, I doubt most individuals in the US would qualify for this in a normal sale.