The National Highway Traffic Safety Administration (NHTSA) governs vehicle import requirements in the United States. Understanding the 25-year exemption rule, filing requirements, compliance standards, and government forms is essential before spending money on any import. This page provides direct links to official NHTSA documents, explains each requirement, and walks through the process step by step.
The 25-Year Exemption Rule (49 CFR 591.5)
The 25-year exemption is the most common pathway for importing vehicles from Japan to the US. Vehicles manufactured more than 25 years before the current calendar year are exempt from Federal Motor Vehicle Safety Standards (FMVSS) compliance. As of 2026, this applies to any vehicle manufactured before January 1, 2001.
No FMVSS Modifications Allowed: The vehicle must not have been modified to comply with FMVSS standards after importation. You cannot retrofit safety systems to qualify; the vehicle must be in original condition or naturally exempt.
Filing: You must declare the vehicle under the 25-year exemption on DOT Form HS-7 and EPA Form 3520-1 at the time of US Customs entry.
The 25-year rule is codified in 49 CFR 591.5(j) and applies to both foreign and domestic-spec vehicles. This is distinct from the Show or Display exemption, which has strict mileage and event limitations and is rarely used for regular imports.
Critical Forms and Official Documents
FMVSS Compliance vs. Exemption
For vehicles NOT eligible for the 25-year exemption, NHTSA requires compliance with all applicable Federal Motor Vehicle Safety Standards in effect on the vehicle's model year date. This requires either:
- • EPA Tier I Import: Vehicle was certified compliant by EPA at original manufacture
- • EPA Tier II Import: Vehicle undergoes post-import testing and modifications to meet US standards (expensive, rarely used)
- • Show or Display Exemption: Vehicle kept for display only, not for regular road use (strict 2,500-mile annual limit)
For JDM vehicles, the 25-year exemption is almost always the only practical path because most JDM vehicles were never EPA-certified and will not pass US emissions standards.
Registered Importer (RI) — When You Need One
A Registered Importer (RI) is a NHTSA-licensed entity authorized to import vehicles that do not qualify for the 25-year exemption. RIs can perform modifications and certifications to meet FMVSS standards.
RI Required: If your vehicle is younger than 25 years AND does not have EPA Tier I certification. The RI modifies the vehicle to meet FMVSS and issues an RI certification. This is expensive and rarely used for JDM imports.
For cars being imported under the 25-year rule, you do not need to hire a Registered Importer. Your customs broker handles all HS-7 and EPA filings.
Show or Display Exemption (49 CFR 591.5(i))
The Show or Display exemption allows importation of vehicles that are not 25+ years old, but with severe restrictions:
Permitted Use: Display at car shows, exhibitions, and private museums only. Not for regular street driving.
Rarity Requirement: Vehicle must be historically significant or rare (not common production vehicles).
Annual Certification: Importer must certify annual mileage to NHTSA. Violations are federal violations.
Show or Display is not practical for vehicles intended for daily use. It exists for museum and collector vehicles only. For JDM imports, the 25-year exemption is almost always the correct path.
EPA Import Requirements (Separate from NHTSA)
The Environmental Protection Agency (EPA) has separate authority over emissions compliance. You must file EPA Form 3520-1 at the same time as NHTSA Form HS-7.
DOT Bond and Customs Entry Requirements
When your vehicle arrives at the US port, your customs broker must file entry documentation with US Customs and Border Protection (CBP). This includes a bond to cover potential duties and penalties.
Surety Bond: Provided by your customs broker through a bonded surety company. You do not provide cash; it's a surety instrument.
Import Duty: 2.5% tariff on vehicle value is assessed separately. This is in addition to the bond.
Your customs broker coordinates the bond filing, CBP clearance, and duty payment. Make sure your broker is bonded and maintains active US Customs authority.
Step-by-Step: NHTSA Import Process
Verify Vehicle Eligibility for 25-Year Exemption
Check the vehicle's manufacture date. If it was manufactured before January 1, 2001 (in 2026), it qualifies for the 25-year exemption. Verify the actual manufacturing date on the vehicle — some cars have different build dates than model year. Your broker should verify this.
Prepare Documentation at Shipment
Before the vehicle ships from Japan, collect:
- Certificate of Export (Japan registration cancellation proof)
- Bill of Lading (shipping documentation)
- Bill of Sale (proof of purchase)
- Complete VIN and manufacturing details
Your broker will request this from the Japanese exporter.
Arrange Customs Broker and Bond
Before vehicle arrival, select a US customs broker with automotive experience. Provide vehicle details and arrange a surety bond. The broker will file all CBP entry documents and coordinate HS-7 and EPA 3520-1 forms.
Vehicle Arrives at US Port
When the ship arrives, CBP inspects the vehicle. Most 25-year vehicles pass without issues. CBP verifies VIN, checks for hazardous materials, and confirms documentation is complete.
File HS-7 and EPA Forms with 25-Year Exemption
Your customs broker files DOT Form HS-7 and EPA Form 3520-1, both declaring the 25-year exemption. This is the critical step that authorizes the import legally. The broker includes the correct exemption code (49 CFR 591.5(j) for HS-7) and EPA exemption code for Form 3520-1.
Clear Customs and Pay Duty
CBP approves entry, NHTSA and EPA approve the exemption claims, and you pay 2.5% import duty plus broker fees. Vehicle is released from the port.
State Title and Registration
Take vehicle to your state DMV with CBP release paperwork and title application. State will issue a US title. Some states have special "imported vehicle" designations. After state titling, the import is legally complete.
Common Rejection Reasons and What to Avoid
| Rejection Reason | How to Avoid It |
|---|---|
| Incorrect manufacturing date on HS-7 | Use factory door jamb data plate, not model year. Some cars are built years before model year (e.g., R34 built in 1998, sold as 1999 model). |
| HS-7 filed with wrong exemption code | Use code "49 CFR 591.5(j)" for 25-year exemption. Verify with broker before submission. |
| Missing EPA Form 3520-1 | Ensure broker files EPA form simultaneously with HS-7. Both required; one without the other will be rejected. |
| Vehicle is under 25 years old, no exemption noted | Verify manufacture date before purchase. If under 25 years and not EPA Tier I certified, you need a Registered Importer (expensive). |
| Broker is not bonded with CBP | Verify your broker's customs bond number and active status before using them. Ask for proof of CBP registration. |
| Vehicle modified to meet FMVSS after import claim | Declare the 25-year exemption before any modifications. Modifications after import flagged on inspection may void exemption claim. |
| Wrong vehicle details on entry documents | Triple-check VIN, manufacturer, manufacture date on all forms. Typographical errors cause delays. |
Official NHTSA Contact Information
For questions not covered here, contact NHTSA directly:
Email: ImportCertification@nhtsa.dot.gov
Mailing Address: National Highway Traffic Safety Administration, Office of Vehicle Safety Compliance, 1200 New Jersey Ave SE, Washington, DC 20590
Website: https://www.nhtsa.gov/importing-vehicle
Key Takeaways
- ✓ Vehicles 25+ years old (before Jan 1, 2001 in 2026) are exempt from FMVSS and emissions standards
- ✓ File DOT Form HS-7 and EPA Form 3520-1 at CBP entry, both declaring the 25-year exemption
- ✓ Use a US Customs broker — do not attempt CBP filing yourself
- ✓ Verify broker is bonded and authorized by CBP
- ✓ No Registered Importer (RI) needed for 25-year vehicles
- ✓ Show or Display exemption is only for display, not daily driving
- ✓ Always verify current regulations with NHTSA and EPA before finalizing a purchase
This page is a reference resource compiled from official NHTSA and EPA sources. Import regulations change periodically. Verify all requirements directly with NHTSA (ImportCertification@nhtsa.dot.gov) and CBP before proceeding. Published by CMBMV LLC.