Exportation of a junk/scrap vehicle; 13 U.S.C. § 303; 19 U.S.C. §§ 66, 1624, 1627a, 1646c; 19 CFR § 192.2

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H308498 March 9, 2020 VES-3-02-OT:RR:BSTC:CCR HQ H308498 AMW Mr. Godwin Dike 313 Ashley Dr. Crestview, FL 32536 CATEGORY: Carriers Re: Exportation of a junk/scrap vehicle; 13 U.S.C. § 303; 19 U.S.C. §§ 66, 1624, 1627a, 1646c; 19 CFR § 192.2 Dear Mr. Dike: This letter is in response to your ruling request dated January 10, 2020, regarding the exportation of a used self-propelled junk/scrap vehicle. Our decision follows. FACTS The following facts are from your January 10, 2020 ruling request. You have requested to export one 2007 Lexus ES350 with Vehicle Identification Number (“VIN”) [ ] from the Port of Baltimore. You state that the vehicle is a junk/scrap vehicle purchased from the Government of the District of Columbia, Department of Public Works (“DC DPW”). Although you have not provided a title for the vehicle, you have provided a Bill of Sale and a “Transfer of Non-Repairable Vehicle to a Demolisher” issued by the District of Columbia – DPW, Parking Enforcement Management Administration. This latter document certifies that the vehicle “is hereby transferred for processing as scrap or salvage.” ISSUES Whether the “Transfer of Non-Repairable Vehicle to a Demolisher” form constitutes sufficient documentation to export the subject used, self-propelled vehicle under 19 CFR § 192.2. LAW AND ANALYSIS Treasury Decision 99-34, dated May 6, 1999, amended the Customs regulations to implement title IV of the Anti-Car Theft Act of 1992, which controls the exportation of used self-propelled vehicles. The amendments addressed the nature of the documentation that established ownership of a vehicle bound for exportation and the presentation of that documentation to Customs. Promulgated pursuant to 13 U.S.C. § 303 and 19 U.S.C. §§ 66, 1624, 1627a, and 1646c, 19 CFR § 192.2 regulates the requirements for exportation of used, self-propelled vehicles and provides as follows: (a) Basic requirements. A person attempting to export a used self-propelled vehicle shall present to Customs, at the port of exportation, both the vehicle and the required documentation describing the vehicle, which includes the Vehicle Identification Number or, if the vehicle does not have a Vehicle Identification Number, the product identification number. Exportation of a vehicle will be permitted only upon compliance with these requirements, unless the vehicle was entered into the United States under an in-bond procedure, or under a carnet or Temporary Importation Bond; a vehicle entered under an in-bond procedure, or under a carnet or Temporary Importation Bond is exempt from these requirements. The person attempting to export the vehicle may employ an agent for the exportation of the vehicle. (b)  Documentation required. -- (iii) Vehicles issued a junk or scrap certificate. For used, self-propelled vehicles for which a junk or scrap certificate issued, by any jurisdiction of the United States, remains in force, the owner must provide to Customs, at the time and place specified in this section, the original certificate or a certified copy of the original document and two complete copies of the original document or certified copy of the original. 19 CFR § 192.2(e) further provides: (e) Authentication of documentation. Customs will determine the authenticity of the documents submitted. Once the authenticity of the documents is established, Customs will mark the documents. In most cases the original document(s) will be returned to the exporter. In those cases where the original title document was presented to and retained by Customs and cannot be found prior to the vehicle's export, the exporter's authenticated copy of the original documentation serves as evidence of compliance with the reporting requirements. Additionally, the Tariff Act of 1930, specifically 19 U.S.C. § 1627a provides, in relevant part: (b)  Regulations; violations; penalties. A person attempting to export a used self-propelled vehicle shall present, pursuant to regulations prescribed by the Secretary, to the appropriate customs officer both the vehicle and a document describing such vehicle which includes the vehicle identification number, before lading if the vehicle is to be transported by vessel or aircraft, or before export if the vehicle is to be transported by rail, highway, or under its own power. Failure to comply with the regulations of the Secretary shall subject such person to a civil penalty of not more than $ 500 for each violation. In a response to a comment outlined in Treasury Decision 99-34, Customs provided further guidance with respect to vehicles exported in salvage, junk, or scrap condition: Customs is not concerned with the condition of the vehicle exported, but rather the type and status of the documentation for the vehicle. Since there is no national requirement concerning the titling of such vehicles and frequently government-issuing authorities have inconsistent or varying certification requirements for such vehicles, Customs must require of these vehicles the most authentic documents available to establish ownership of the vehicle to be exported. Accordingly, in those cases where the vehicles was issued an original Certificate of Title or a Salvage Title which remains in force, Customs will require presentation of that original title document pursuant to the provisions of Sec. 192(b)(1). Also, in those cases where the vehicle was issued a junk or scrap certificate by a government authority that remains in force, Customs will require presentation of that original document pursuant to the provisions of Sec. 192.2(b)(3)(iii). But, in those cases where the vehicle was not issued a Certificate of Title, a Salvage Title, or a junk or scrap certificate, or the title or certificate are no longer in force, Customs will accept such documentation as the Bill of Sale as establishing ownership pursuant to the provisions of Sec. 192.2(b)(3)(iv), provided: (1) the owner certifies to Customs in writing that the government-issuing authorities for the jurisdiction has no registration/certification requirements for such vehicles, and (2) the owner attests in writing to the bona fides of the sale and that the vehicle presented for export is not stolen. Because a government-issuing authority will not necessarily be involved in the issuance of Bills of Sale, the burden of proof Customs places on exporters in this regard is not deemed unreasonable. (Emphasis added). Thus, exporters of used, self-propelled vehicles are statutorily required to present documentation describing the vehicle, including the VIN, prior to export. The regulations provide that for vehicles with a junk or scrap certificate in force, that certificate must also be presented to CBP for export. CBP has the authority to “determine the authenticity of the documents submitted.” With respect to scrap or salvage documents, T.D. 99-34 makes clear that Customs “must require of these vehicles the most authentic documents available to establish ownership of the vehicle to be exported.” Therefore, it is within CBP’s discretion to determine whether the subject “Transfer of Non-Repairable Vehicle to a Demolisher” is sufficient to satisfy the documentation requirement under 19 CFR 192.2 § (b)(3)(iii). We find that the “Transfer of Non-Repairable Vehicle to a Demolisher” is sufficient to establish ownership of the vehicle by the requestor. This document, which is issued to the requestor, contains the subject vehicle’s VIN number and is signed by an employee of DC DPW - Abandoned Vehicles Operations. Although this document is not specifically marked as a “junk or scrap certificate,” it does contain the following language: “this is to certify that the above vehicle is hereby transferred for processing as scrap or salvage….” In addition, the requestor also provided a copy of a bill of sale by the DC DPW that memorializes the sale of the subject vehicle to the requestor. Taken together, we determine that these documents are sufficient to show that the requestor has ownership of the subject vehicle. We note, however, that CBP officials may require, in accordance with 19 U.S.C. § 1627a and 19 C.F.R. § 192.2, that the exporter provide original documents or certified copies at the time of exportation. HOLDING Pursuant to 19 U.S.C. § 1627a and 19 C.F.R. § 192.2, the requestor has provided sufficient documentation for exportation of the subject vehicle. We note, however, that CBP officials may require, in accordance with 19 U.S.C. § 1627a and 19 C.F.R. § 192.2, that the exporter provide original documents or certified copies at the time of exportation. Sincerely, Lisa L. Burley Supervisory Attorney-Advisor/Chief Cargo Security, Carriers and Restricted Merchandise Branch Office of Trade, Regulations and Rulings U.S. Customs and Border Protection