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

[jdmvip]

Based on this thread I am curious even though I am not planning on selling my JDM the border guards keep asking me so much I'm curious to know.

http://forums.jdmvip.com/traveling_t...Japan-5805-t-3

So does anyone know is it actually illegal for us to sell the vehicle? Once the border guards even said "you are so lucky you are not selling this car today".

I understand vehicles are supposed to be 25 years and older but I've seen companies import newer JDMs for display or track use.

I am guessing they may be worried about this because they cannot stop less than 25 year old JDMs from coming in since we Canadians are legally allowed. Once the vehicle is in the US I don't think they can legally stop the sale or even if it wasn't, someone could come to Canada and legally import it to the US for display or track use couldn't they?

If anyone knows and has any links to relevant court cases or laws this would be very interesting.

[jdmvip]

Just one more note but regardless of the law, I am also betting if they have found you sold a newer JDM in the US they will probably have a big problem with it.

[Viskey1]

Why not? I saw such ad at the auction 1bid1. com . As far as I understand, all is legally.

[Slowboi]

It's illegal yes. I don't have links to relevant case law but it would fall under smuggling of goods as far as Canada border services and homeland security are concerned.

Knowing a vehicle is illegal to import to another country (having knowledge) and then commiting that act would fall under "aiding and abeding" in American law and "conspiracy to commit" under our laws in my opinion.

I'm not a lawyer, but knowing something is illegal in another country and doing it anyway opens you up to being prosecuted in that country. I guarantee there is an applicable section.

[Speed Stick]

Of course its illegal. That's why they ask you that to make sure you know you can't do that if you say yes. They don't ask everyone that question. If you said yes they won't say "ok cool, go ahead"

[RyanV]

I don't think it's actually illegal, but Slowboi is on the right track. If you sell the car and the new owner comes and picks it up in Canada there is nothing illegal about that. If you sell your car to someone in the US but drive it across the border and leave it there then, yes, it's illegal because you just smuggled a car less than 25 years old into the USA. You knowingly and willingly brought a product into the USA and did not declare it at the time it entered the country.

[Slowboi]

I don't think it's actually illegal, but Slowboi is on the right track. If you sell the car and the new owner comes and picks it up in Canada there is nothing illegal about that.

This is the legal way to do it. An american comes here, buys the car, and when he crosses over HE deals with customs. There is no onus on the seller this way.

Like i have said before, i have had americans contact me and ask to drive over the border under the guise of a visit to sell a car.

[RyanV]

This is the legal way to do it. An american comes here, buys the car, and when he crosses over HE deals with customs. There is no onus on the seller this way.

Like i have said before, i have had americans contact me and ask to drive over the border under the guise of a visit to sell a car.

I think there is limited onus on the seller. If a potential US buyer contacts me I ALWAYS state I know nothing about their importation laws and THEY must confirm it can be imported into their country. This way it is in writing that the buyer is 100% responsible for the importation of the car.

They always ask the seller to drive over the border because once it's in the country they seem to be able to register the car. The trip up is getting it across the border for Americans. I'd never recommend anyone drive across the border and sell their car. Even if the car is 25 years old because you still need to properly import the car at the time it crosses the border.

[airbats801]

you would need to chek canadian laws to see if its illagal to sell a car to a forienger. It is illegal for a us citizen to import anything less than 25 years of age without the gay laws automakers have passed such as crash testing emissions etc.. anything 25 years on is legit, although technically, you are suppose to get documentation from the country of origin, which is japan, and you are bringing it from canada. I always wondered about that....

[Japan4WD]

Hi,
1st it is not illegal, however if you intend to sell it you must declare it to US Customs when you cross the border.
You would have to declare it on CBP form 7501.
You can sell it but whoever buys it cannot register it or get a title in the USA unless you or they have a 7501 entered by Customs.
The car either has to have a US or Canada sticker for safety and emissions or be at least 25 years old with EPA and DOT declarations.
In order to sell it in the USA you would need to pay import taxes as well. (2.5% or 25%) unless it was made in the US or Canada after the regulations were harmonized. (NAFTA 1994)
You can sneak it in without declaring it but the buyer would not be able to title it legally.
Of course a US buyer can buy it in Canada but they would have to do the same thing, (declare it)