Defender U.S. Duty/Tariff Rates

Dipodomys

Member
Greetings all, I'm new to the board, and am in the process of importing a 1997 Defender 90 Wolf, ex-British Army. The vehicle is currently awaiting U.S. Custom's clearance at a Southern California port. For those of you who have imported your own Defender(s), I'm wondering what duty rate you paid. Whether or not Defenders are classified as passenger vehicles (2.5% duty rate) or trucks (25% duty rate) can make a difference of several thousand dollars in the ultimate cost to import the vehicle. I was just told that my vehicle is being assessed at the truck rate, so I'm going to need to cough up an extra $7,000 to clear the vehicle. This is a VERY unwelcome surprise, as I had previously been informed that the 2.5% rate would apply, which for my vehicle would be about $750.

The classification seems quite arbitrary, and I'd like input on what others have paid. I am going to contest the classification with Customs, but the clock is ticking as I'm now paying $70 in storage fees at the port. Add to that, the holidays make clearance particularly slow, as many folks are on leave.

Here's a photo of the machine. I have a line on several other LHD Wolf's with low mileage if others are interesting. Very cool machines!
 

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erover82

Well-known member
My understanding is the truck designation is interpreted from the VIN, and this is likely the challenge with yours. LR's terminology calls it a pick-up, even though it isn't what we normally expect. You could make the argument that LR's terminology isn't consistent with the normal definition of a truck here since the front a rear sections aren't separated as a cab. You could also argue that the rear is intended to carry passengers if it has rear seats.

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Dipodomys

Member
My understanding is the truck designation is interpreted from the VIN, and this is likely the challenge with yours. LR's terminology calls it a pick-up, even though it isn't what we normally expect. You could make the argument that LR's terminology isn't consistent with the normal definition of a truck here since the front a rear sections aren't separated as a cab. You could also argue that the rear is intended to carry passengers if it has rear seats.

View attachment 26315
Thanks for this info. I'll draft a legalese letter and make my case. The vehicle has two rear seats with seatbelts for radio operators, as well as a rear window. Cargo doesn't require any of those items. This is ultimately a passenger vehicle. The HS Codes are a Byzantine labyrinth of gobbledygook, and I doubt that anyone fully understands them. These are also unusual vehicles, and don't fit any standard descriptions.
 

Dipodomys

Member
You might want some professional help sooner rather than later on this -- your money will be better spent...
I'm not an attorney, but I play one on TV. Seriously, I work in a legal environment and am comfortable with making legal arguments. That said, I would definitely welcome the input of a real attorney and/or an individual who knows this stuff. Is Will Hendrick (referred to below by "rocky") the guy to call? Do you have contact info?
 

Siia109

Well-known member
So its either impossible to get this registered in CA or its equal to the cost of the vehicle - unless of course he "happens" to own a mailbox in Montana?

I wonder if he knows this....
 

MountainD

Technical Excellence Contributor
I’m sure he knows both that and the 20 days he legally has to register an out of state car in CA without pretty big fine. They’ve cracked down on this since 2017. Traffic enforcement just drives around with camera scanning plates seeing if they are valid or infractions. It’s huge business. Massive amount of data easily stored and recalled. I talked with acquaintance in Denver that showed me their system. It automatically tells him that a car has spent too long in a 2 hour zone. I asked how. He said as he drives, the system scans all tags, with time and gps stamp, and can tell if car has outstanding tickets, valid registration, stayed too long, didnt move far enough if remarked, whatever. If so, it goes red, he stops, and issues infractions. No marks on tires, just drives till screen goes red. CA just adds 20day limit infraction.
 

rocky

NAS-ROW Addict
So its either impossible to get this registered in CA or its equal to the cost of the vehicle - unless of course he "happens" to own a mailbox in Montana?

I wonder if he knows this....

He says he’s from Az. My guess is that he’ll have to hire a tow company to take it across the state line into Az to avoid California regulations including sales tax.
 

javelinadave

Administrator
Staff member
Last edited:

Dipodomys

Member
So its either impossible to get this registered in CA or its equal to the cost of the vehicle - unless of course he "happens" to own a mailbox in Montana?

I wonder if he knows this....
I'm in AZ, so I'm good. Just moved from CA three years ago, and was aware of the challenges there.
 

Dipodomys

Member
Nope. You can get a one way permit from California DMV and drive your import home. That's what I did with my Prado.
https://www.dmv.ca.gov/portal/vehic...als-and-placards/temporary-operating-permits/View attachment 26374
Arizona offers a 90-day temporary permit that allows owners time to get their paperwork in order before registration and title. I believe this may be a new offering (https://azdot.gov/motor-vehicles/vehicle-services/vehicle-registration/90-day-registration). I got the permit at one of those third-party DMV places (highly recommend), and it cost $15 dollars plus their fees. Its a paper permit that affixes to the vehicle, in lieu of a license plate. I simply affixed the "plate" when I picked up the vehicle at Port Hueneme in CA, and drove it home to Arizona. Sometime over the next month I'll take it in for emissions and inspection with DMV. Pretty easy.

Much of this depends on who you talk to at DMV. One guy said I would need to get it registered in CA since that where it was coming in, but I knew that made no sense since I am not a CA resident and the vehicle will never be domiciled there. Then I found out about this 90-day thing and naturally took that route. No problems were encountered.
 

Dipodomys

Member
I’m sure he knows both that and the 20 days he legally has to register an out of state car in CA without pretty big fine. They’ve cracked down on this since 2017. Traffic enforcement just drives around with camera scanning plates seeing if they are valid or infractions. It’s huge business. Massive amount of data easily stored and recalled. I talked with acquaintance in Denver that showed me their system. It automatically tells him that a car has spent too long in a 2 hour zone. I asked how. He said as he drives, the system scans all tags, with time and gps stamp, and can tell if car has outstanding tickets, valid registration, stayed too long, didnt move far enough if remarked, whatever. If so, it goes red, he stops, and issues infractions. No marks on tires, just drives till screen goes red. CA just adds 20day limit infraction.
I'm in AZ, so I'm good. Just moved from CA three years ago, and was aware of the challenges there.
 

Dipodomys

Member
D, how are you making out with this? Hopefully it is all good!
I'm likely to be stuck with the 25% rate, but I am contesting it with Customs. I expect that pretty much all 90s will come in at that rate, and most 110s, unless they are 4-door station wagons with second row seats. 130s will definitely get hit with it, because they have a truck bed. There have been loads of Custom's ruling around Land Rovers, and very few that are challenged are exempted from the light truck tax.

The issue revolves around the vehicle's classification as either a "passenger vehicle" or a "light truck." The former comes in at a duty rate of 2.5%, and the later at 25%. Arcane minutiae rules the day in determining which is which. Seats, seatbelts, windows, passenger amenities, etc. in the rear of the vehicle are some of the criteria. However, a 90 that has windows and tip-up seats and seatbelts in the back will still likely be classified as a light truck since the seats can be folded out of the way and cargo thus carried. My 90 is a bit different, because it was/is configured as a fitted-for-radio (FFR) vehicle, with much of the rear area fitted out with a permanently-affixed large battery box that takes up 75% of the floor space, an operator's "desk," radio racking, and a radio operator's seat that intrudes into the "cargo" area. There's very little space to carry anything on the floor (about three square feet), and I will argue thusly. We'll see, but I'm not particularly hopeful. The difference is $7,500 in duties vs. $750. I'll report back what happens, but it will likely take some time.
 
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