This case addresses violations of the Clean Air Act (CAA) by JLR Trading Company Ltd. (JLR), operating out of Hong Kong, China. JLR imported 40 uncertified or improperly labeled generators, welders concrete cutters and compactors on January 30, 2012. The equipment was not covered by an EPA issued Certificate of Conformity. The CAA requires, among other things, that nonroad equipment be covered by an EPA issued Certificate of Conformity (see 40 C.F.R. section 1068).
On February 22, 2012, EPA requested that U.S. Customs and Border Patrol (CBP) seize the equipment and that CBP bring an enforcement action against JLR. This case is part of an on-going EPA/CBP partnership to ensure that all imported vehicles and engines comply with the Clean Air Act requirements (see EPA Works with U.S. Customs and Border Protection to Enforce the Clean Air Act, 11/9/2010 EPA press release, http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/25fa777f4dd4a301852577d60072b560!OpenDocument)
JLR did not pay a penalty as part of its settlement with CBP. JLR forfeited the equipment.