A foreign-market car can be imported into the US without meeting federal safety standards once it is 25 years old, counted month-for-month from its date of manufacture (49 CFR 591.5(i)). At 21 years it is also exempt from EPA emissions requirements (40 CFR 85.1511). The rule is federal; registration is then a state matter.
What the rule says
Federal Motor Vehicle Safety Standards (FMVSS) apply to every vehicle imported for road use. A car built for the European market doesn’t meet them: different headlights, bumpers, airbags, markings. Converting it costs tens of thousands of dollars through a Registered Importer, when it’s possible at all.
The exemption is in 49 CFR 591.5(i): a vehicle that is at least 25 years old may be imported without FMVSS compliance. On entry, the importer declares the exemption by checking box 1 on NHTSA Form HS-7.
Emissions are a separate law, handled by the EPA. Under 40 CFR 85.1511, a vehicle at least 21 years old, in its original engine configuration, is exempt from emissions certification. The importer declares this on EPA Form 3520-1, code E.
Any car that satisfies the 25-year rule automatically satisfies the 21-year rule. That’s why you’ll hear only “25 years.”
Month-for-month, from the build date
This is where people get burned. The 25 years run from the date of manufacture, which is the month the car left the factory, not the model year and not the date of first registration.
- A car built in October 2001 is eligible from October 2026.
- A car built in November 2001 is eligible from November 2026. It is not eligible in October 2026, even by one week.
- A car registered in January 2002 but built in November 2001 is eligible in November 2026.
CBP uses the build date on the manufacturer’s plate, or, when the plate shows only a year, the manufacturer’s records or a letter from the manufacturer’s heritage service. When the month can’t be established, CBP may treat the car as built on the last day of the stated year. We verify the exact month with the manufacturer before we buy, and we don’t ship a car that won’t be 25 on the day the vessel docks.
What happens if a car is under 25
It is refused entry. In practice, the car is either re-exported at the importer’s expense or seized and, in documented cases involving Defenders, crushed. There is no fine-and-release. The only legal routes for a car under 25 are a Registered Importer conversion ($9,500–$28,500 and only for models NHTSA has deemed eligible) or the Show or Display exemption (2,500 miles per year, specific models only). Neither applies to the cars we sell.
The forms
| Form | Agency | What it does |
|---|---|---|
| HS-7 | NHTSA / DOT | Declares the FMVSS exemption. Box 1 = 25 years or older. |
| EPA 3520-1 | EPA | Declares the emissions exemption. Code E = 21 years or older, original configuration. |
| CBP 7501 | Customs | Entry summary. Shows the duty paid. Your DMV wants the stamped copy. |
| CBP 3461 | Customs | Entry/immediate delivery. Filed by the broker. |
Plus: the European title or registration, the commercial invoice, the bill of lading, and the manufacturer’s build-date confirmation. Our broker files all of it and you receive the full package.
Duty and taxes
- Base duty: 2.5 % of the customs value for passenger cars classified under HTS 8703.
- 2026 surcharge: additional tariffs on EU-origin goods have changed several times in 2026. We charge the rate in effect on the date of entry, as confirmed by our customs broker, and it is included in the landed price you see on the listing. We don’t quote a surcharge number here because it can change between the day you read this and the day your car docks.
- Section 232 (25 % on automobiles): does not apply to vehicles manufactured at least 25 years before the date of entry. Every car we sell is excluded by definition.
- Merchandise Processing Fee: 0.3464 % of value, capped (around $630).
- Harbor Maintenance Fee: 0.125 % of value.
- State sales tax: paid when you register, to your state. Not included in our price.
The chicken tax
Trucks classified under HTS 8704 carry a 25 % duty instead of 2.5 %. This hits some of the cars we sell: a Land Rover Defender 110 or 130 pickup, a Mercedes G-Class chassis-cab or flatbed, a Mercedes 300GD with no rear seats. Classification depends on the body as presented at entry. A Defender 110 station wagon with rear seats and windows is a passenger vehicle (8703). We state the classification on each listing, and the landed price reflects it.
After customs: your state
Federal law gets the car into the country. Your state issues the title and plates. Most states will title a 25-year import on the stamped CBP 7501, HS-7, EPA 3520-1 and the foreign registration. Some are easier than others.
- Straightforward: Florida, Texas, Arizona, North Carolina, Montana, Vermont (titles by mail, no residency required for some vehicle types), most of the Midwest and South.
- More paperwork: New York and Massachusetts ask for additional inspection or documentation; plan an extra 2–4 weeks.
- California: cars built 1975 or earlier register normally. Cars built 1976 or later and imported directly must be certified by a CARB-approved laboratory ($5,000–$10,000, 2–6 months, and not possible for diesels). We do not guarantee California registration for any car built after 1975. Many California buyers title the car in another state where they have a legal address, or buy a pre-1976 car.
We publish a state-by-state guide; see Import Guide by State.
Cars becoming eligible in 2026 and 2027
Eligibility is month-for-month, so a “2001 car” may be legal in March or in December depending on when it was built. Ask us for the build month before you fall in love.
Becoming eligible through 2026 (built 2001):
- BMW M3 (E46) European spec, early production
- BMW M5 (E39) 2001 facelift, European spec
- Land Rover Defender Td5 90/110, 2001 build
- Audi RS4 (B5) Avant, 2001 build
- Porsche 911 GT3 (996.1), final 2001 cars; 996 Turbo Euro spec
- Renault Clio V6 Phase 1
- Lotus Exige S1 and Elise S2, early cars
- Mercedes-Benz G 500 (W463) European spec, pre-US-launch
- Alfa Romeo 156 GTA pre-production and 166 3.0
Becoming eligible through 2027 (built 2002):
- Audi RS6 (C5) Avant and sedan
- Ford Focus RS Mk1
- Alfa Romeo 156 GTA and Sportwagon GTA
- Porsche 911 GT2 (996)
- Mercedes-Benz E 55 AMG (W211) European spec
- Renault Sport Clio 172 Cup
- Lotus Elise S2 111S
- Land Rover Defender Td5 2002 build (last year before the Td5 facelift)
- Mercedes-Benz G 270 CDI and G 400 CDI (W463)
We track eligibility by build month and can tell you the earliest legal entry date for any specific car.
FAQ
Does the rule use the model year?
No. Build date, month-for-month. A 2002 model year car built in September 2001 is eligible in September 2026.
Can I import a 24-year-old car and store it until it turns 25?
No. The car must be 25 at the time of entry. It cannot sit in a bonded warehouse waiting to age.
Do I need a Registered Importer?
Not for a 25-year car. Registered Importers are for cars under 25 that NHTSA has found eligible for conversion. Our cars are imported under the exemption, with no modifications required.
Can the car be modified?
For FMVSS, modifications don’t matter at 25 years. For EPA, the engine must be in its original configuration; a swapped engine can disqualify the car from the 21-year exemption. We don’t sell engine-swapped cars.
Will my insurance cover a European-spec car?
Yes. Specialty insurers (Hagerty, Grundy, American Collectors and others) insure imported classics on agreed value. Standard insurers often will too, using the VIN. We can point you to brokers who do this daily.
Is the 25-year rule going to change?
Bills to lower it have been introduced several times and none has passed. We’ll update this page if the law changes.