HELP ME !!! EPA issue in FLORIDA !

[AndyTractor]

Is there any problem (or special requirements or special regulations ) for EPA in Florida?

My importer in FL has some troubles for Jinma tractor on EPA issue !!!

Please help me !!!

Thanks !!!

 

[Maka]

Hello,

Not in FL but what exactly is the importers issues with EPA? This is all an enigma to me as the EPA stuff on Chinese tractors seems to be a very gray area.

Can anyone who knows exactly what is happening with EPA and Chinese tractors please enlighten me/us?

Thanks

 

[JohnS]

What exemption method was your importer using? I doubt it has to do with any special regulations in Florida. There was probably something that was not right in your importers paperwork. It takes time to straighten it out. I have not been keeping up to date with EPA requirements and the Jinmas. Last I knew, most were getting imported under TPEM, with 200 units per year, per model limitations and correct labeling & paperwork. I believe this exemption goes away in 2006. Hopefully, it will get cleared up quickly, and you will get your tractor. Your importer is probably paying for additional warehouse fees, so is motivated to get paperwork correct/done.

 

[Affordable]

It must be a paperwork issue,JohnS is correct in the amount of tractors per year and the 2006 requirements.The trade dress issue with New Holland has customs checking more containers but that is not the epa.What is your importer telling you,??? For single unit tractors you should purchase from a dealer in the USA ,will save you money and headaches.Good luck on getting it out soon,this is only going to get worse as alot of importers are not including everything on the Bill of Lading which when checked causes alot of grief to them
and cost money,who is going to pay the storage??? and unloading and re-loading of the container??

Tommy
Affordable Tractor Sales

 

[AndyTractor]

THANKS very much for everyone's help.

Dear Sirs & Dear JohnS, would you please leave me your e-mail or phone number. I want my importer to contact you for help.

Let me explain my problem carefully to you:

1. We exported 12 units (pure & original) JINMA 22HP (2WD & 4WD) & some FEL to FLorida USA on this April 29. The tractors arrived USA in June.

2. The importer sent me e-mail on June 29 and stated "Customs has a hold on container, they want more information on the tractors. They think the Jimna is a Futian sold under the Jinma name".

3. We (include the Yancheng Jinma Tractor plant) jointly sent the importer many documents and clarified that those tractors were 100% "Jinma" tractors, not "Foton" or "Futian" at all.

4. My importer said:"Thanks for all the information you have sent me,I think US Customs should have enough information now to convince them that the Tractors are not Futian.Now I need something from your Co. that says that the Jinma meets EPA regulations.I think this will be all I need to get the Tractors released."

5. Till yesterday, the importer in Florida forwarded me another e-mail:

"Below please find the web address for the Prohibited Acts section governing non-road compression iginition vehicles. I have also pasted the section into this email for your convenience. In subsection (b)(4) I have bolded the section indicating that stockpiling of engines to delay the effect of new standards is prohibited. For tractors less than 37 kW the effective date was Jan. 1, 1999. For tractors less than 19 kW the effective date was Jan. 1, 2000.
I look forward to settling this matter with you in the immediate future.
David E. Alexander
Air Enforcement Division (Mailcode 2242-A)
US EPA
1200 Pennsylvania Ave. NW
Washington, DC 20460-0001
(202) 564-2109
fax (202) 564-0069


6. The 12 Jinma tractors we exported to Florida is only 22HP (16.5KW) & the manufacturing date of the diesel engine was marked "in 1999". So that I think we do not violate the EPA at all.

7. <font color="red"> Who can tell me what's the meaning of "stockpiling" ? </font>

8. <font color="blue"> How to settle the paperwork trouble ??
</font>

9. Why other importers & exporters still can export/import large amount of Jinma tractors to USA till now ???

Please help us to find the answers !!!!

THANKS !!! THANKS !!! THANKS a lot !!!

 

[SPIKER]

Andy:

the "Stockpilleing" means that the EPA told everyone that they had to have clean ari engines back in the early to mid 1990's. so then over seas places were not susposed to "Stockpile" a bunch of engines building them and letting them set untill they needed them in later years AFTER the BAN went into effect. this is basically how most of the tractors have gotten in by saying that the engines were built prior to the EPA requirements. the GREY area is that the EPA said you have 10 yeras to USE UP all the manufactured engines which are made on or prior to 1999 and 1998 depending on the engine HP. (the laws were passed I think in 1994 or 95 for 5 years down the road so clean eninges would susposed to be comming in by then, but china made 100,000 of extra engines in the years form 1994~5 untill 1999 and badged them as prior to EPA requirements. so technically they STOCKPILED extra engines, but PROVING that they were or are stockpiled engines is not really possable?!? as well no we DIDN'T stockpile them we just made a bunch while we were tooled up! (one of those things the EPA can't really PROVE and is a legal loop hole which was getting shut 2 years back when I was looking into importing my OWN container full.)

for 22 HP that is 16.4KW and is the 2000 date. as mentioned.

now for fixing the paperwork problem? humm got the guys bank account info? /forums/images/graemlins/blush.gif J/K best way is to get a GOOD broker, perferably one who has imported them before!... I was told that there is a EPA passed engine available for oor on the JINMAs now? I think farmpro may be the certificat holder of that epa certified engine cert though? I'm not sure of this but was lead to belive this by a gentelman who works for the china side people as a Exporter... now if this IS true then you MAYBE able to ride them in on that certificate if you can get the owners to agree to it.? anyhow for as REALLY FIXING it i'm not sure how at all...

I made lots of contact with the people who would be Inspecting the paperwork as well as the container of equipment on the docks when I was looking into it, and "made friends" with them asking questions and getting as much INFO from them as possable ahead of time. In the LONG RUN i got set up and jointly imported with a different dealer. he handled the paperwork and our stuff was held up too for almost 30days... Something I was told to EXPECT as a first time importer. Everything ended up working out for the best I saved $ he saved $ and so did the guys who went in with me... having it to do over I'm telling everyone to buy from a dealer... Much less headachs...

I was told that the EPA & Customs are cracking down last year and 9-11 made it worse for small time buisness to get in the items they need and lots more hoops to jump though.

PLEASE keep us informed and well try and help as best we can.

Mark M /forums/images/graemlins/frown.gif

 

[AndyTractor]

MARK ! Thank You for your great help ! /forums/images/graemlins/smile.gif

1. We insist that Ours 12 units of Jinma are of 22HP(16.5KW) & engine date was in 1999, and we do not violate the EPA regulations

2. If the "stockpiling quantity" exceed the initialized quantity, why Jinma tractors still can be imported into USA everyday by now?

3. I contacted Yanchang Jinma Tractor Plant, they told me:" Some of the engine models passed the EPA test! But till now, We do not get the EPA certificate in hand." That means Farmpro is also importing Jinma to USA without EPA certificate.

4. My importer in Florida told me:

<font color="blue">EPA is stating that the Jinma tractors are violating a stock piling law - " which states that engines can not be mass produced in anticipation of higher EPA regualtions in the future". Florida does not have diffrent EPA regulations that we know of. </font>

5. I think you said "Broker's Paperwork " is correct. Maybe my Florida importer's BROKER is not a professional one. At least he did not have very good relationships or communications with the Customs or the EPA officers. Maybe he offended them before. /forums/images/graemlins/frown.gif So that he always meets trouble with the Customs or the EPA officers.


6. <font color="red"> Can you or someone elae recommend us a good broker, who has good experience in Chinese tractor import and have no problem to clear the EPA issue?
</font>



THANKS !!!

 

[JohnS]

Andy,

It sounds like you are importer, and the other party is a broker. Your shipment was flagged because of the NH case against Fution/Foton. Otherwise it might have slipped through. I don't think you will win the arguement with the EPA and stockpiling, or they will just let it sit and collect warehouse fees. Do a google search on "epa" and "tpem" and start figuring out and filling out the paperwork. Maybe an experienced tractor importer will help you, or you can retain their services.

 

[AndyTractor]

No !
I am <font color="red"> NOT</font> the importer in Florida, USA.
I am the exporter in China. I am a Chinese in China now.

In fact, the tractors had been received in my importer's hand in this July. (So they can not charge him warehouse fees.)
But he told me the Customs & the EPA office still had the right to deal these tractors. /forums/images/graemlins/frown.gif

Now the importer in Florida is very angry & anxious to settle the trouble.
I had to fulfill my responsibility to help him. /forums/images/graemlins/mad.gif

I sitll hope someone can help to recommand a good broker to us.

Thanks a lot !

 

[AndyTractor]

Now our problem is NOT because of the NH case against Foton.
Our tractors are Jinma, not Foton.
We have explained this to the Customs.

Now the problem is the EPA.

I called Yancheng Jinma Plant today, they said they did not hear any dealer or importer of Jinma tractor in USA met EPA trouble by now. We are the first case !!!

HELP !!!
What can we do on EPA ?! /forums/images/graemlins/confused.gif