EPA v. Yishang Trading (Guangzhou) Co.

Case summary

On or about December 30, 2021, the Respondent imported 85 engines. Authorized federal inspectors examined the Subject Engines and did not observe any Emission Control Information (ECI) labels on the Subject Engines. On February 15, 2022, the customs broker confirmed with the importer that there is no relevant documentation pertaining to any CAA certification of the Subject Engines and communicated to EPA that the Subject Engines may be destroyed. The EPA has found no evidence indicating the Subject Engines are certified, exempt or otherwise excluded from coverage under Title II the Clean Air Act (CAA) and its implementing regulations. Accordingly, by importing the Subject Engines, Respondent has committed 85 violations of CAA Sections 203(a)(1) and 213(d), 42 U.S.C. 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. 1068.101(a)(1) and (b)(5). In addition to paying the monetary penalty, Respondent must provide to the EPA documentation showing that the Subject Engines have been destroyed, exported to a country other than Canada or Mexico, or are under exclusive control by U.S. Customs and Border Protection (CBP) pending exportation or destruction. Respondent must cease and refrain from importing vehicles or engines that are prohibited under Section 202 of the Clean Air Act, 42 U.S.C. 7522, and its implementing regulations.

Defendants (1)

• Yishang Trading (Guangzhou) Co.Named in complaintNamed in settlement

Facilities (1)

• YISHANG TRADING (GUANGZHOU) CO. (IMPORTER)

  1140 POLARIS ST, ELIZABETH, NJ, 07201

  Registry ID: 110071316429

Statutes cited

• CAA 213 — Non-road Engines & Vehicles
• CAA 203 — Prohibited Acts - Motor Vehicle & Motor Vehicle Engines

Enforcement conclusions (1)

• Yishang Trading (Guangzhou) Co.entered 2023-02-01

  Primary law: CAA

  Federal penalty: $3,587

Timeline (4 milestones)

• 2022-12-15Complaint Filed/Proposed Order
• 2023-02-01Enforcement Action Closed
• 2023-02-01Final Order Issued
• 2023-02-03Enforcement Action Data Entered