G&R Imports

This case addresses violations of the Clean Air Act (CAA) by G & R Imports, LLC ( G & R ). G & R is an importer of Japanese “minitrucks,” also known as kei class trucks, operating out of Missouri. During November and December 2008, G & R imported into the Port of St. Louis 107 uncertified minitrucks. G & R failed to properly certify and label these vehicles. G & R claimed that the vehicles were “nonroad vehicle parts” because the tops of the vehicles had been chopped off. According to EPA’s “Kit Car Policy,” however, the removal of the top of a vehicle is not sufficient to turn the vehicle into parts. G & R claimed that the vehicles were recreational spark ignition engines, as opposed to motor vehicles, on EPA form #3520-21, but inspection by the United States Customs and Border Patrol revealed that they were actually motor vehicles. Thus, motor vehicle emissions limits and certification requirements apply. The vehicles are not covered by an EPA-issued certificate of conformity, and are thus in violation of Section 203(a)(1) of the Act, 42 U.S.C. § 7522(a)(1). As part of the settlement with EPA, G & R has agreed to pay a $45,000 civil penalty to the US Treasury.