Boat Import: Legal Requirements And Essential Documents

Importing a boat into the US can be a complex process, with strict regulations and documentation requirements that must be followed. Before importing a boat, it's important to be aware of any restrictions that may apply. Here are some of the key legal requirements for importing a boat into the US:

- Proof of ownership: This is typically done by providing a bill of sale from either the manufacturer or the current owner. The bill of sale must include information such as the make and model of the vessel, as well as its serial number and year of manufacture. It should also include any titles and registration papers confirming ownership.

- Compliance with EPA standards: The boat must meet Environmental Protection Agency (EPA) standards covering air pollution emissions. This includes filling out Engine Declaration Form 3520-21, which confirms that the boat's engine performance meets applicable environmental regulations.

- Import duty payment: Most pleasure boats are subject to import duty when imported into the US. The duty rate varies depending on the type of boat, with sailboats and motorboats (other than outboard motorboats) currently subject to a duty rate of 1.5%.

- Documentation for boats on trailers: If the boat is imported on a trailer, a Vehicle Identification Number (VIN) and a completed DOT form HS-7 are required.

- Reporting requirements: All non-commercial vessels entering the US must report their arrival to US Customs and Border Protection (CBP) immediately upon arrival. This can be done via the CBP ROAM app, by telephone, or in person at the nearest Port of Entry.

Prove ownership with a bill of sale

When importing a boat, you must prove ownership of the vessel. This is typically done by providing a bill of sale from either the manufacturer or the current owner. The bill of sale is a crucial document when buying a boat or watercraft, as it provides proof of purchase and includes important warranties. It also serves as a record of the transfer of ownership of an item.

A bill of sale for a boat should include the following information:

• Names and addresses of the buyer and seller
• Detailed description of the boat, including make, model, year, colour, condition, and hull identification number (HIN)
• Information on what is being sold alongside the boat, such as the trailer, life jackets, cover, etc.
• Information about any warranties the seller is making about the boat
• Signatures of the seller and buyer
• Signature by a notary, if required by your state

It's important to note that a bill of sale is different from a notice of sale, which is used in real property to give notice of default proceedings. Additionally, a bill of sale should not be confused with a certificate of title, which is issued by the department to evidence ownership of a vessel or outboard motor.

Once the sale is complete, the buyer must apply for a legal title with the state agency that handles boat registration, such as the department of motor vehicles (DMV) or the game and wildlife agency. It's crucial to check your state's requirements and ensure that any lienholders have been paid off before attempting to prove ownership with a bill of sale.

Provide proof the boat meets EPA standards

When importing a boat into the U.S., you must prove that it meets EPA standards for emissions and water safety regulations. This is a critical step in the importation process, as it ensures that the vessel is eligible for entry into U.S. waters and complies with environmental protection requirements. Here is a detailed guide on providing proof that your boat meets EPA standards:

• Engine Declaration Form 3520-21: This form is specifically designed to demonstrate compliance with EPA standards for boat engines. It requires information about the engine's specifications, including its make, model, and year of manufacture. By filling out this form accurately and providing all the necessary details, you can provide official documentation that your boat's engine meets the required emissions standards.
• EPA Emissions Compliance Label: If your boat was purchased in Canada, it may already comply with EPA standards. However, this needs to be verified with an EPA emissions compliance label. This label is typically affixed to the boat and indicates that it has been certified to meet EPA emissions regulations.
• Letter of Compliance: In some cases, you may need to obtain a letter of compliance from the U.S. representative of the boat manufacturer. This letter serves as official confirmation that the boat meets EPA standards and is authorised for use in U.S. waters.
• Compliance with Regulations for Emissions: It is essential to ensure that your boat complies with the EPA's regulations for emissions from marine vessels. These regulations set specific standards for emissions from marine spark-ignition engines and marine compression-ignition (diesel) engines. By adhering to these regulations, you can ensure that your boat meets the required EPA standards.
• Age of the Boat: If your boat is less than 25 years old, it must comply with EPA regulations. This is a crucial factor to consider, as older boats may be exempt from certain EPA requirements.
• Working with a Customs Broker: The process of importing a boat can be complex, and a licensed customs broker can provide valuable assistance. They can help ensure that your boat meets all the necessary EPA standards and guide you through the required forms and documentation.

By following these steps and providing the necessary documentation, you can confidently demonstrate that your boat meets EPA standards during the importation process. This will help ensure a smooth and compliant transition as you explore new waters in the United States with your boat.

Pay the required duty

When importing a boat into the US, you will need to pay the required duty. The duty rate depends on the type of boat you are importing. Here are the duty rates for some common types of boats:

• Motorboats and sailboats: 1.5%
• Outboard motorboats: 1%
• Inflatable boats: 2.4%
• Canoes: no duty rates
• Other boats and vessels without a sail or motor: 2.7%

It is important to note that tariff rates are subject to change, so be sure to check the most recent import duty percentages before importing your boat. You can find this information in Chapter 89 of the Harmonized Tariff Schedule of the United States (HTSUS).

In addition to the duty, you may also need to pay other taxes and fees, such as sales tax and GST/HST/PST. If you are importing a boat on a trailer, you will need to pay a separate duty for the trailer.

To pay the duty, you will need to file a customs entry. This can be done through a customs broker, who can help ensure that you comply with all the applicable regulations and complete the necessary forms correctly.

Report arrival to CBP

The master of the vessel must report their arrival at the nearest Customs and Border Protection (CBP) facility or another place as the Secretary may prescribe by regulations. These reports are tracked in the Pleasure Boat Reporting System.

The CBP ROAM app is a free mobile application that provides an option for pleasure boaters to report their US entry to CBP via their personal smart device or a tablet located at local businesses. In certain locations, the CBP ROAM app can also be accessed on tablets at partner locations.

Alternatively, boaters may report their arrival via designated telephone reporting numbers.

The master of the boat must report to CBP telephonically and be directed to the nearest Port of Entry to satisfy the face-to-face requirement, or report to the nearest designated reporting location along with the boat's passengers for inspection.

Exceptions to Face-to-Face reporting to CBP

There are three exceptions to the face-to-face inspection at a designated reporting location: CBP Reporting Offsite Arrival – Mobile (CBP ROAM), NEXUS, and the Canadian Border Boat Landing Permit (I-68).

Have a hull identification number

To import a boat into the US, it is essential to ensure that it has a hull identification number (HIN) that complies with US Coast Guard regulations. Here are some key points to consider regarding the HIN:

• The hull identification number is a unique identifier for your boat, similar to a vehicle identification number (VIN) for cars. It is typically found on the hull or exterior of the boat and consists of 12 characters, including letters and numbers.
• The HIN serves as proof of ownership and is essential for registering your boat with the US Coast Guard. It also helps in tracking the boat's history, including any accidents, damage, or repairs.
• When importing a boat, ensure that the HIN is clearly visible and legible. If the HIN is missing, illegible, or altered, you may need to have it restored or replaced by a qualified boat repair professional.
• In some cases, older boats may not have a HIN. If your boat was manufactured before 1972, it might not have an HIN. However, you can apply for an HIN from the US Coast Guard or an authorised agent to ensure compliance with current regulations.
• It is crucial to verify that the HIN matches the information on the boat's title, registration, and other documentation. Mismatched or incorrect HINs can cause issues during the import process and may indicate potential fraud or tampering.
• Keep in mind that the HIN is different from the serial number, which is assigned by the manufacturer and is typically used for production and warranty purposes. The HIN, on the other hand, is a permanent identifier assigned to the boat and remains with it throughout its lifespan.
• When importing a boat, ensure that all the necessary paperwork, including the bill of sale, certificate of origin, and customs declaration, is in order. Additionally, be prepared to provide proof of compliance with EPA emissions standards and pay the applicable import duties.

By following these guidelines and ensuring that your boat has a valid and visible HIN, you can streamline the import process and avoid potential delays or complications.

Frequently asked questions