This case addresses alleged violations of the Clean Air Act (CAA) by two Texas companies -- Jonway Motorcycle (USA) Co., Ltd., and Shenke USA, Inc.-- and four Chinese manufacturers. The violations stem from the illegal importation and sale of more than 11,000 motorcycles and all-terrain vehicles that did not conform to the specifications that the companies had certified to EPA.
On November 14, 2014, EPA?s Environmental Appeals Board (EAB) granted a motion by EPA?s Air Enforcement Division for default judgement against all respondents for all claims in an enforcement case against companies operating under the brand names ?Jonway? and ?Shenke?. The Chinese manufacturers include Jonway Group Co., Ltd., Shanghai Shenke Motorcycle Co., Ltd., Zhejiang JMStar Shenke Motorcycle Co., Ltd., and Zhejiang Jonway Motorcycle Manufacturing Co., Ltd.
Evidence of certification, warranty, and labeling violations was obtained through inspections of imported vehicles at the Los Angeles/Long Beach Seaport and Nitro PowerSports, LLC in Carrollton, Texas.
In short, this matter regards the importation and sale of approximately 11,043 highway motorcycles and 226 recreational vehicles that were not covered by an EPA certificate of conformity, primarily because they had undersized catalysts, adjustable carburetors that were not described in the corresponding application for certification, were manufactured by a manufacturer different from the one specified in the corresponding application for ce