If CBP treats you as a nonresident, you can temporarily import the BMW duty-free without changing its metric cluster, but you cannot sell it and must export it within one year.

(a)

( a ) General. Persons arriving from foreign countries will be divided into two classes for Customs purposes: ( 1 ) Residents of the United States returning from abroad, and ( 2 ) All other persons, hereinafter referred to as nonresidents.

§ 148.45

Nonresidents are entitled to entry free of duty and internal revenue tax under subheading 9804.00.35 and Chapter 98, U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for automobiles, trailers, aircraft, motorcycles, bicycles, baby carriages, boats, horse-drawn conveyances, horses, and similar means of transportation and the usual equipment accompanying them, if such articles are imported in connection with the arrival of the nonresident to be used in the United States only for the transportation of the nonresident, his family and guests, and such incidental carriage of articles as may be appropriate to his personal use of the conveyance.

(d)

( d ) The vehicle does not conform with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, but the importer is eligible to import it because: ( 1 ) (S)he is a nonresident of the United States and the vehicle is registered in a country other than the United States, ( 2 ) (S)he is temporarily importing the vehicle for personal use for a period not to exceed one year, and will not sell it during that time, ( 3 ) (S)he will export it not later than the end of one year after entry, and ( 4 ) The declaration contains the importer's passport number and country of issue.

Temporarily imported vehicles

Nonresidents may import a vehicle duty-free for personal use up to (1) one year if the vehicle is imported in conjunction with the owner's arrival. Vehicles imported under this provision that do not conform to U.S. safety and emission standards must be exported within one year and may not be sold in the U.S. There is no exemption or extension of the export requirements.

Declaration code B

code B - U.S. certified - unmodified vehicle bearing a U.S. EPA emission control label in engine compartment (or on motorcycle frame) in English. No bond or EPA approval is required.

Declaration code O

code O - imported by nonresident for personal use by an individual for a period up to a year. EPA letter of approval must be attached to this form.

Nonresident exemption

Nonconforming motor vehicles may be temporarily imported into the U.S. by a nonresident for personal use by the owner (importer) for a period not to exceed one year. Only individual nonresidents may import a vehicle through a nonresident exemption. The conditions of this temporary exemption are: • Vehicle may not be sold or otherwise transferred to another party in the U.S.; • Exemption is voided if the vehicle is either used for commercial purposes, or used principally by any person other than the owner (or spouse of the owner); and • Vehicle must be exported after one year, or upon the nonresident departing the U.S., whichever comes first.

(g)

( g ) (For importations for personal use only) The vehicle was certified by its original manufacturer as complying with all applicable Canadian motor vehicle safety standards and its original manufacturer has informed NHTSA that it complies with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, or that it complies with all such standards except for the labeling requirements of Federal Motor Vehicle Safety Standards Nos. 101 and 110 or 120, and/or the specifications of Federal Motor Vehicle Safety Standard No. 108 relating to daytime running lamps. The vehicle is not a salvage motor vehicle, a repaired salvage motor vehicle, or a reconstructed motor vehicle.

Vehicle Importation Guidelines, page 2

If the manufacturer’s letter states that the vehicle complies with all applicable FMVSS except for those pertaining to the speedometer or headlights, the vehicle can still be imported as a conforming motor vehicle under Box 2B.

Registered Importer route

A bond in an amount equivalent to 150 percent of the vehicle’s dutiable value must be furnished to CBP at the time of importation. The vehicle must be brought into conformity with all applicable FMVSS and Bumper Standards (and/or be exported from or abandoned to the United States) within 120 days from date of entry.

(c)(1)

( 1 ) The mileage shown on the odometer at the time of transfer (not to include tenths of miles);