EPA v. Haier Trading ESA

Case summary

The 130 gasoline chainsaws described below (with nonroad, small spark-ignition engines) were found to be imported by Haier Trading Inc. in violation of Sections 203(a)(1) and 213(d) of the Clean Air Act (CAA), 42 U.S.C. 7522(a)(1) and 7547(d), and the regulations codified at 40 C.F.R. 1068.101(a)(1), and 1068.l0l(b)(5), which collectively prohibit the importation of engines or equipment containing these engines, unless they are covered by a valid EPA certificate of conformity (COC) or are properly exempted or excluded. Since an EPA certificate of conformity (COC) has not been awarded to Haier Trading Inc. for the 130 gasoline chainsaws, they are considered uncertified. In addition, the EPA has found no evidence that the engine is exempt or excluded from coverage. Hence, the 130 gasoline chainsaws cannot legally be imported into the United States.

Defendants (1)

• Hair HuangNamed in complaintNamed in settlement

Facilities (1)

• HAIER TRADING INC

  19570 AVENIDA DEL CAMPO, WALNUT, CA, 91

  Registry ID: 110071435029

Statutes cited

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

Enforcement conclusions (1)

• Haier Trading ESAentered 2023-06-06

  Primary law: CAA

  Federal penalty: $3,926

Timeline (3 milestones)

• 2023-06-06Complaint Filed/Proposed Order
• 2023-06-06Final Order Issued
• 2023-06-27Enforcement Action Data Entered