EPA v. WHITE BEAR SALES

Case summary

IMPORTER BROUGHT INTO THE U.S. THREE TIANJIN/HUALI MOTOR V EHICLE ENGINES THAT WERE NOT CERTIFIED OR LABELED AS ON ROA D OR OFF ROAD VEHICLES BUT INSTEAD HAD A GOVERNOR ATTACHE D WHICH HAD NOT BEEN APPROVED BY EPA. THE ENGINES WERE DETA INED BY CUSTOMS IN FEB, 2000, THEN SEIZED BY U.S. CUSTOMS IN MARCH, 2000. IMPORTER WISHES TO IMPORT THE ENGINES UNDER T HE TESTING EXEMPTION. EPA WILL IMPOSE A PENALTY OF $1,000 PER ENGINE, AS WILL CUSTOMS, AND IMPORTER WILL BE ALLOWED TO APPLY FOR IMPORTATION OF THE ENGINES UNDER A TESTING EXEMPT ION. THE IMPORTER HAS PREVIOUSLY IMPORTED 6 ENGINES BY THE SAME MANUFACTURER UNDER A TESTING EXEMPTION WHICH HAD GOVERN ORS MANUFACTURED AND ATTACHED IN CANADA, AND WHICH WERE THEN IMPORTED INTO THE U.S. AS OFF-ROAD VEHICLES. UNDER THE T ERMS OF THE AGREEMENT IMPORTER HAS AGREED TO APPLY FOR APPRO VAL OF THE GOVERNORS MANUFACTURED AND ATTACHED TO THOSE ENGI NES. AN ADMINISTRATIVE SETTLEMENT AGREEMENT WAS ENTERED INTO ON 4 /13/00. PROOF OF PAYMENT OF THE $3,000 PENALTY PROVIDED ON 4/13/00. PROOF OF PAYMENT OF THE $3,000 PENALTY PROVIDED O N 8/26/00. NO LOOKBACK REQUIRED. CASE CLOSED

Defendants (1)

• WHITE BEAR SALES, INCNamed in complaintNamed in settlement

Facilities (1)

• WHITE BEAR SALES INC

  12599 W LANCASTER ST, BUTLER, WI, 530071521

  Registry ID: 110010723217

Statutes cited

• CAA 213 — Non-road Engines & Vehicles

Enforcement conclusions (1)

• WHITE BEAR SALESentered 2000-04-13

  Primary law: CAA

  Federal penalty: $3,000

Timeline (5 milestones)

• 2000-04-03Enforcement Action Data Entered
• 2000-04-05Complaint Filed/Proposed Order
• 2000-04-13Final Order Issued
• 2000-08-26Compliance Achieved
• 2000-08-26Enforcement Action Closed