Here’s Why That Awesome Holden Ute You Saw On Facebook Marketplace Could Be Illegal

If you’re like me, you probably spend an inordinate amount of time on Facebook Marketplace window shopping for cars. You can get lost in the many pages of Marketplace, finding everything from wacky custom builds to rare cars that you’re shocked aren’t being sold on Bring a Trailer. Then there are the imports, and some of these get really interesting. You don’t have to look too hard to find an imported car that’s way younger than 25 years old, but the seller claims it has a “U.S. title.” The Holden Ute is a frequent example that shows up for sale online as a young vehicle that is completely legal. But is that ute actually legal? And what might happen if you bought it, anyway?

Here in America, determining the legality of your favorite import is pretty easy. Most imports are barred from entry until they either reach 25 years of age, or are converted to meet U.S. Federal Motor Vehicle Safety Standards (FMVSS) and Environmental Protection Agency (EPA) standards. Only a handful of imports are legal to enter America under the famous Show or Display exemption, and only a handful of companies and people have been determined enough to convert imports to American standards.

There are other exceptions to the rules. A car can be temporarily imported for evaluation, military, diplomatic, or tourism purposes. Canadian and Mexican drivers can also easily import their cars into the United States if they own a model that was also sold here. Technically, you can have a brand-new Japanese Kei truck in America, too, so long as it’s limited to 25 mph and imported as an off-road-only vehicle.

But for most people, if you’re looking at a car that is younger than 25 years old and it isn’t some rare car that was built in fewer than 500 units, it’s probably not legal to import. So then, why is it rather easy to find an import for sale that’s barely over 10 years old and not even close to something that was actually sold here?

Forbidden Fruit At Home

I’ll give you an example of what I’m talking about. Here are four Holden Commodore wagons and Utes for sale in the USA. I found many more for sale all over America:

I reached out to a few sellers and asked them what made their cars legal. One told me that he went to a judge and argued that his wagon is similar to a Chevrolet SS sedan, and brought documentation with him. The judge was convinced enough and signed off on the paperwork. The seller also mentioned he is a police officer, and that other people in other places might not be as successful. Other sellers told me their vehicles come with valid titles and that they’re legal to register anywhere. Some of them even claim to have the vehicle’s import paperwork. Sadly, all of these cars were way too rich for my blood.

I don’t doubt any of it. Some states have pretty low bars to clear before they’ll issue a title to a vehicle. I have even personally seen more than one illegally imported car that had a state-issued title.

It’s important to know that state-legal and federal-legal are not the same thing. As we have reported in the past in our Kei ban coverage, the states can regulate what cars can and cannot drive on their roads. Import regulations are handled on the federal level. When you import a car, it’s cleared or denied by the feds, not your state. This matters because if the feds figure out that you’ve been driving a car that wasn’t imported legally, they may demand its exportation or destruction at your cost. If you’re lucky, you’ll get to keep the car, but only after the government demands a payment that’s larger than what you paid for the car in the first place. The federal government, which supercedes the state level, is not going to care about your state title.

There are plenty of sad stories about illegal imports that have met their ends despite having state titles. Back in 2016, Jalopnik wrote about the story of Billy Crider, a guy who could do nothing as the feds crushed his 1995 Nissan Skyline only four months after he bought it. Billy’s car didn’t have any sneaky VIN-swap business going on or anything like that. The state of Ohio was happy to issue it a title and license plates. Billy even said he was able to get the car emissions tested and safety tested without an issue.

It was only after a crash that State Farm realized Billy’s Skyline didn’t have a 17-digit VIN. The feds were tipped off, and sure enough, it was discovered that the car’s import was not kosher. That Billy had a title and his car was registered was entirely meaningless.

What’s also important to note here is that the government didn’t catch the illegal import until it was tipped off by State Farm. Remember this, because it’ll come up later on.

I have spent much of my career as an auto writer asking the sellers of Holden Commodores and Holden Utes about how exactly they managed to dodge the 25-year import rule. Most of the time, they just tell me it’s legal because it has a title. Some others have told me they imported a naked body in one container, imported the powertrain in another container, and then rebuilt the car at home. I’ve also seen examples of naked bodies shipped in that have been rebuilt using parts from a Pontiac G8, Chevrolet Caprice PPV, or Chevrolet SS.

Unfortunately, most of these people haven’t been able to give me any solid proof as to the specific reason why their import is legal. The best explanation I’ve heard thus far is the judge story I wrote above. Usually, I just get told that their vehicle got past the border, their state registered the car, and nobody has bothered them since … which doesn’t really answer my question.

As it turns out, I am not the only person who has long wondered about this. An Autopian reader, who asked me to keep their identity anonymous, decided to get to the bottom of this.

What The Feds Say

First, let’s talk about America’s convoluted import regulations. Many of the Holdens for sale in America have their Australian VINs and their Australian powertrains. Sometimes, these vehicles are described as having been imported in parts and then assembled in America. Alright, what does the American government say about that?

Here’s what the National Highway Traffic Safety Administration (NHTSA) says about importing a “disassembled vehicle.”:

A disassembled vehicle that is shipped without an engine and transmission is treated for importation purposes not as a motor vehicle, but instead as an assemblage of motor vehicle equipment items. Such an assemblage can lawfully be imported into the U.S., provided any equipment included in the assemblage that is subject to FMVSS, but was not originally manufactured to comply with that FMVSS or was not so certified by its original manufacturer, is removed from the assemblage prior to entry into the U.S. Equipment items that are subject to the FMVSS include tires, rims, brake hoses, brake fluid, seat belt assemblies, glazing materials, and lamps, reflective devices, and associated equipment.

If the assemblage is shipped with an engine and power train (even if those components are not installed), it would be regarded for importation purposes as a motor vehicle, and would have to be either manufactured to comply with all applicable FMVSS, and be so certified by its original manufacturer, in the form of a label permanently affixed to the vehicle, or be determined eligible for importation by NHTSA and be imported by an RI or by a person who has a contract with an RI to bring the vehicle into compliance with all applicable FMVSS after importation.

NHTSA doesn’t mention totally naked bodies as being subject to FMVSS. The EPA also suggests that importing a body is fair game, so long as it is actually just a totally naked body and not just a complete car with its engine removed:

The production, sale and importation of automotive bodies alone (i.e., no chassis, engine or transmission) are not regulated by EPA since such units are not considered “motor vehicles” under the Clean Air Act. EPA form 3520-1 is not required for imported automotive bodies. A motor vehicle from which the engine has been removed is still a motor vehicle and is not considered a body.

However, the EPA also doesn’t beat around the bush and states that importing an entire car in parts to bypass emissions and import regulations is not legal:

The production, sale and importation of vehicle parts (engines, transmissions, chassis, vehicle bodies, etc.) are not regulated by EPA because parts are not considered motor vehicles under the Clean Air Act. However if the parts constitute a disassembled vehicle or an approximate disassembled vehicle, the combination is considered a motor vehicle under the Clean Air Act. Any attempt to use this policy to circumvent the Clean Air Act or the Imports regulations will be considered a violation of the Clean Air Act and will be strictly enforced.

What’s amazing is that the EPA is quite adamant that importing a car in parts is not kosher in the eyes of the feds. It mentions this a second time in the same document that I linked:

“Motor vehicles” must comply with the Clean Air Act and may not be disassembled nor purchased in a disassembled form for the purposes of evading the Clean Air Act or the Imports regulations.

Alright, so if disassembling a car in its departure country, importing it, and then reassembling it here in America is illegal, how are imported cars running around America that were imported in this manner?

How Imports Leak Through

There’s a misconception that U.S. Customs and Border Protection picks through every import and every shipping container with a fine-tooth comb. The reality is a bit different. The government simply doesn’t have the resources to inspect even a fraction of the imports that come into America. Yes, Customs will do random inspections, sort of like how a secret shopper works in the retail industry, but countless shipments will not get looked at. Because of this, some shippers will roll the dice and ship an illegal vehicle.

And so, it would not be unusual for a complete Nissan Skyline hiding in a shipping container to be missed. If you choose to import a disassembled vehicle and your container does get searched, you could also say that you’re importing car parts. The feds won’t know that you plan on rebuilding that car later on, thus circumventing the 25-year rule.

Either way, so long as your import paperwork looks good and you pay the applicable tariffs and duties, the papers will probably get rubber-stamped and you’ll be on your way. Your state will then be happy to issue you a title and license plates.

You may also ask about the Show or Display exemption, or NHTSA’s famous List of Nonconforming Vehicles Decided To Be Eligible for Importation. Thankfully, the federal government is pretty clear on both of these. Here’s the Show or Display exemption:

A rule permitting entry of nonconforming motor vehicles for purposes of show or display became effective on August 13, 1999. If you wish to import a vehicle for show or display, you must apply to NHTSA for permission to do so and establish that the vehicle is of such historical or technological significance that it is in the public interest to show or display the vehicle in the United States even though it would be difficult or impossible to bring the vehicle into compliance with the Federal motor vehicle safety standards. This provision is intended to facilitate the importation of historically or technologically significant vehicles that were never certified by their manufacturer for sale in the United States.

VEHICLE ELIGIBILITY

In determining whether a vehicle is eligible for importation for show or display, NHTSA will consider the following factors, among others:

1. Whether a vehicle of the same make, model, and model year was manufactured and certified for sale in the United States.
2. Whether a vehicle of the same make, model, and model year has been determined eligible for importation pursuant to 49 CFR Part 593.
3. Whether the vehicle is currently in production.
4. Whether more than 500 of the vehicles were produced.
5. Whether the vehicle is a kit car, replica, or special construction vehicle.

If the answer to any of the above is affirmative, you should not expect NHTSA to grant permission for importation. If the answer to item 4 is affirmative, the applicant must establish that the vehicle is of exceptional technological and/or historical significance.

The only Holden on the Show or Display list is the 2000 Holden GTS-R (below).

NHTSA also maintains a list (link downloads a spreadsheet) of all vehicles that are younger than 25 years old that are legal for importation in America. You’ll note that a 2002 Smart Fortwo is legal, but there isn’t a single Holden on the list. Why? Well, it’s because a couple of companies were crazy enough to federalize the 2002 Smart Fortwo, but the same has not happened for any Holden. So, none of these Holdens can be imported normally.

There are other ways to import a vehicle illegally. You could buy a car in Canada or Mexico, drive it across the border, and then sell it. This is illegal because you never went through the importation process.

Now, not every Holden Ute gets imported into America in parts. Some are imported as naked bodies, and are then paired with a U.S. drivetrain, and then get a specially-constructed VIN. Some others are imported as naked bodies, are paired with the firewall of a Pontiac G8, Chevy SS, or Chevy Caprice PPV, and then completed with a U.S.-spec drivetrain. Finally, some of these Holdens really do start life as a U.S.-market car, and then get a ute body grafted on.

That last one is interesting because you can import car parts, and there’s nothing stopping you from cutting up a Pontiac G8 and grafting on the parts that you imported to make a ute. This is also the logic behind the idea of building a ute around a Pontiac or Chevy firewall.

Another potential method is the Substantially Similar clause. Basically, you have to prove that the car that you’re importing is similar to a vehicle that was already sold here. Usually, this means getting a letter from the vehicle’s manufacturer, or otherwise providing documented proof that your import is similar to a car that’s already sold here. This clause is usually used by people importing their common Toyota, Honda, or whatever from Canada into the United States. However, enthusiasts do attempt to use the clause on a case-by-case basis to import their dream cars. The success rate of this method varies wildly. Regardless, the people importing their cars in parts are not using this clause.

What Does NHTSA Say?

Those grafs above cover a lot of rules and regulations, but there is still plenty of debate about ways to get around the 25-year rule. Our anonymous reader had enough of the bickering and reached out to NHTSA:

Hello,

Do you have any information on this VIN being imported into the USA? VIN [redacted].

I have seen several Holden brand Utes for sale online that I am interested in purchasing, but I do not see any Holdens listed in the latest list of Non conforming Vehicle Eligibility list.

Is there any updated list or any changes to import regulations that would allow someone import a Holden Ute less than 25 years old and retain the original Australian VIN? Is it legal to import the shell of a Holden Ute to the US and install a US spec drivetrain into it to obtain an assembled vehicle title?

Thank you,

[Redacted]

Here’s what NHTSA said:

Dear [Redacted],

This email is in response to your email of November 15, 2025, regarding importation of a 2009 Holden Utes (VIN: [redacted]) or build a vehicle into its shell.

You stated that you did not see any Holden vehicles listed in the latest list of Non-conforming Vehicle Eligibility list. Thank you for verifying the vehicle information through this list: https://www.nhtsa.gov/document/eligible-vehicles-imported-other-countries-non-canadian. Holden Utes vehicles (all model years) are not on this list. This vehicle is not eligible to enter the U.S.

You asked if it is legal to import the shell of a Holden Ute to the U.S. and install a U.S. spec drivetrain into it to obtain an assembled vehicle title. We suggest you consider at a very minimum the followings:

If you want to install systems into the shell of this 2009 Holden Utes, you are a manufacturer of the vehicle you build. You should follow 49 CFR Part 566 and 49 CFR part 551 (if you are not in the U.S.) to register with NHTSA as a manufacturer.

This vehicle is no longer a Holden Utes. The VIN [redacted] is no longer applicable. You should submit an application to SAE for a WMI (VIN) for this vehicle.

With the new VIN (WMI assigned by SAE) for this vehicle, you need to follow the requirements in the NHTSA’s Manufacturer Handbook and to CERTIFY that this vehicle complies to all applicable FMVSS and shall affix to this vehicle a certification label that be riveted or permanently affixed in such a manner that it cannot be removed without destroying or defacing it. (49 CFR Part 567).

NHTSA is an agency for the motor vehicle safety standards. We suggest you also reach out EPA for their requirements regarding what you asked for.

NHTSA is an agency for the motor vehicle safety. NHTSA has no objection to decisions CBP, EPA and any other government agencies (federal or state, or local) have made based on CBP’s, EPA’s and any other government agencies’ regulations regarding what you asked for.

NHTSA’s Manufacturer Handbook: https://vpic.nhtsa.dot.gov/ManufacturerHandbook.pdf

I hope these of information can be useful.

Sincerely,

Jisan Xue
Office of Vehicle Safety Compliance
National Highway Traffic Safety Administration
1200 New Jersey Avenue SE.
Washington, DC 20590

I have reached out to NHTSA and Jisan Xue myself, but have yet to hear back.

NHTSA’s interpretation confirms what I wrote earlier. An import that’s younger than 25 years old that still has its original powertrain and VIN probably isn’t legal. NHTSA also suggests that it is technically legal to mate a U.S. powertrain with an imported body, and getting a new VIN is a part of the process – though the process described above is convoluted.

Be Careful

So then, what to do if you run across an import for sale on Facebook and the seller tells you that it was imported in parts? The feds seem to think that’s not legal. Of course, an illegal car may never get caught. The Nissan Skyline I mentioned above wasn’t caught until it got into a crash. A vehicle with a 17-digit VIN might fly under the radar forever.

But if the feds do come knocking, the owner of an illegal import may find out the hard way that their state title, valid registration, and whatever import paperwork they have are not shields against the feds demanding the vehicle be exported or crushed, and the enthusiast doesn’t get their money back. They might be able to escape the worst outcome with the help of an attorney, but it’s not going to be a fun ride. Or cheap.

All of this is to say that, if you’re going to plunk down tens of thousands of dollars on some forbidden fruit, know the risks. If you’re okay with the risk, more power to you. Go ahead and buy that car. Otherwise, most enthusiasts should stick to cars that are 25 years old and older. Yes, I know it sucks, but it’s better than finding out the hard way that the sweet Nissan Skyline, Holden, or anything else you bought isn’t as legal as you thought.

Top graphic image: Holden