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Short answer: As of August 9, 2026, a U.S. consumer generally cannot buy a new BYD passenger car through a normal U.S. retail dealer or online order channel. BYD does have a U.S. commercial operation for buses, trucks, forklifts, SkyRail, and energy products, but that is not the same as selling passenger cars such as the Seal, Dolphin Mini, Atto 3/Yuan Plus, Han, or Shark to American consumers.
You can theoretically buy one abroad and import it, but paying a foreign seller and shipping company is not enough. The exact car must clear NHTSA safety requirements, EPA import requirements, Customs and tariff rules, applicable connected-vehicle restrictions, and your state’s title and registration process. The safest buying advice is simple: do not pay for a foreign-market BYD until a qualified Registered Importer, EPA Independent Commercial Importer, customs broker, BIS/OICTS contact, and your state DMV have confirmed the route in writing.
BYD’s popularity overseas makes the question understandable. The company sells attractive and relatively affordable electric and plug-in hybrid models in markets including China, Mexico, Europe, Australia, and Latin America. But a BYD that is legal to sell in Mexico or China is not automatically legal to import, title, insure, or drive on public roads in the United States.
The key distinction is between availability and admissibility. A foreign dealer can sell you a car. Only the applicable U.S. agencies and state authorities can determine whether that specific vehicle may enter the country and be registered.
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What is actually sold by BYD in the United States?
BYD has a real U.S. business, but it is primarily a commercial-vehicle and energy business. Its U.S. website presents buses, trucks, forklifts, SkyRail, and energy-storage products. BYD’s U.S. commercial history also describes its work with buses, trucks, and other commercial products.
That does not establish a conventional U.S. passenger-car dealer network for the BYD Seal, Dolphin, Atto 3, Han, Yuan Plus, or similar models. A passenger car spotted on a U.S. road could be a test vehicle, an independently imported vehicle, a display vehicle, a temporary foreign-registered car, or a vehicle brought in under a specialized exemption. It is not proof that an ordinary buyer can walk into a U.S. dealership and purchase the same model.
Likewise, the following are not proof that a BYD is legal for permanent U.S. road use:
- A Mexican or Canadian dealer listing.
- A U.S.-facing marketing page.
- A foreign-market warranty.
- A gray-market importer’s promise that it can handle everything.
- A vehicle you saw being driven in the United States.
- A foreign crash-test rating or safety approval.
BYD does officially sell passenger cars in Mexico. Its Mexican lineup has included models such as the Dolphin Mini, Seal, King DM-i, Song Plus, Shark, Yuan Pro, and Sealion 7. That gives a U.S. buyer an apparent nearby purchase route, but it does not remove the U.S. import process.
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Four different ways a BYD could enter the United States
| Intended use | Potentially possible? | What it means in practice |
|---|---|---|
| Buy a new passenger BYD from a U.S. dealer | Generally no current retail route identified | Wait for an official U.S. passenger-car launch or select a U.S.-market alternative. |
| Buy abroad and permanently register it in the United States | Theoretically, for a qualifying exact vehicle | Requires separate NHTSA, EPA, Customs, tariff, connected-vehicle, and state-registration review. |
| Temporarily drive a foreign-registered BYD | Yes in limited circumstances | Usually intended for nonresidents and requires the vehicle to leave the country; it is not a permanent-registration workaround. |
| Import for research, testing, demonstration, racing, or repair | Sometimes | Requires the applicable temporary authorization and generally requires export or other approved disposition. |
| Import for show or display | Sometimes | The vehicle must qualify for unusual historical or technological significance and faces mileage limits. |
| Import a commercial BYD vehicle | A different market | BYD’s U.S. commercial operation is not evidence that its passenger cars have a retail path. |
| Import a 25-year-old BYD | Future possibility for early vehicles | The NHTSA age exemption may remove the FMVSS issue, but EPA, Customs, state, and other requirements remain. |
Why buying a BYD in Mexico does not solve the problem
A Mexican purchase solves only the question of where you can buy the car. Once you bring it across the U.S. border for permanent use, it is still a foreign-market vehicle.
U.S. Customs and Border Protection explains that a state DMV may require evidence of lawful entry and compliance with applicable emissions and safety standards before registering a foreign vehicle. That can include formal Customs entry documents, proof of duty payment, and the required federal compliance paperwork.
In practical terms, a Mexican BYD may still need:
- NHTSA/DOT safety compliance or an approved nonconforming-vehicle import route.
- EPA import documentation and, where necessary, conformity work by an authorized importer.
- Customs entry and payment of all applicable duties and fees.
- Review under current connected-vehicle rules.
- A state-approved title, VIN inspection, safety inspection, insurance, and registration.
Keeping Mexican plates does not turn the car into a U.S.-certified vehicle. Nor does routing it through Mexico or Canada automatically change its country of origin or eliminate federal requirements.
Warranty is another Mexican-purchase risk
Do not assume that a Mexican warranty follows the vehicle into the United States. For example, the official Mexican BYD Seal warranty language states that the warranty is valid only in Mexico. That does not prove that every BYD warranty has the same terms, but it is a concrete warning to obtain the warranty, service, and parts commitments in writing before purchasing.
Also verify whether the vehicle’s cellular modem, smartphone app, navigation, remote functions, over-the-air updates, charging software, and diagnostic systems work outside the market where the car was sold.
Tariffs: Mexico does not automatically eliminate them
Tariff treatment depends on the vehicle’s country of origin, tariff classification, applicable trade agreements, and the provisions in force when the car enters the United States. A car assembled in Mexico can receive different treatment from one imported directly from China, but Mexican assembly does not automatically make a Chinese-branded vehicle U.S.-legal or exempt from safety, EPA, or connected-vehicle restrictions.
The United States Trade Representative announced a 100% Section 301 tariff rate for Chinese electric vehicles in 2024. A separate automobile tariff was imposed on covered automobile imports beginning April 3, 2025. Those figures should not be combined casually or treated as the complete cost for every BYD. The applicable calculation can involve multiple tariff provisions, country-of-origin rules, exemptions, and later changes.
Before buying, give a customs broker the exact VIN, invoice, manufacturing location, drivetrain, battery details, export port, and intended U.S. entry port. Ask for a written, current 10-digit HTSUS classification and landed-duty estimate. Check the current USTR Section 301 search resources and relevant Customs schedules at the time of entry rather than relying on an old import article or forum post.
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Paying the tariff does not legalize a nonconforming vehicle. Tariffs are a Customs issue. NHTSA, EPA, BIS/OICTS, and the state DMV make separate determinations.
NHTSA safety requirements
Case 1: The vehicle was built and certified for the U.S. market
If a vehicle was originally manufactured for the United States and carries the manufacturer’s permanent Federal Motor Vehicle Safety Standards certification label, it can generally be imported as a conforming vehicle without a separate NHTSA eligibility petition. A normal Chinese-, Mexican-, European-, or Australian-market BYD generally will not have that U.S. certification label merely because it passed the safety rules of its original market.
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Ask for a photograph of the actual vehicle’s permanent certification label, not a generic brochure or a statement that the model is safe. The label and VIN must correspond to the vehicle being imported.
Case 2: A nonconforming vehicle under 25 years old
For a foreign-market vehicle less than 25 years old, NHTSA must determine that the exact make, model, and model year is eligible for importation. The vehicle must then be imported through an NHTSA Registered Importer, commonly called an RI, or by a person who has contracted with one.
The RI must be able to modify and certify the vehicle’s compliance with the applicable FMVSS and bumper standards. A bond equal to 150% of the vehicle’s declared value is generally required. Conformity work generally must be completed within 120 days of entry, or the vehicle must be exported or otherwise disposed of under the applicable rules. These are not optional administrative details; they are part of the import route.
NHTSA eligibility is model- and year-specific. A Registered Importer does not have blanket authority to import every foreign vehicle. A petition generally must establish either:
- Substantial similarity to a U.S.-certified vehicle that can be readily modified; or
- Through engineering, testing, and other evidence, that the vehicle can be brought into compliance.
When the NHTSA current nonconforming-vehicle eligibility list was checked for this research, it contained no BYD entry. The pending-petition page also contained no BYD entry. That does not mean a petition could never be filed, but it means a buyer should not assume an existing BYD eligibility number is available.
NHTSA recommends contacting Registered Importers about the feasibility and cost of petitioning for a vehicle that is not already listed. Use the agency’s Registered Importer list, then ask several RIs whether they will accept the exact BYD model, year, configuration, and VIN.
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A motor vehicle at least 25 years old may be imported without regard to FMVSS compliance. NHTSA calculates the age from the vehicle’s manufacture date, not simply the model-year label.
This is not a useful current route for the BYD cars most readers want. BYD’s own U.S. history page says the company entered the automotive market in 2003, so the earliest relevant vehicles had not reached 25 years of age as of August 9, 2026. Even once an early BYD reaches that threshold, the exemption addresses NHTSA’s FMVSS issue only. EPA requirements, Customs entry, state title and registration rules, insurance, and other restrictions still require separate review.
EPA paperwork still applies to electric cars
A battery-electric vehicle is not exempt from the federal import declaration process simply because it has no tailpipe emissions. EPA specifically says that electric cars are handled through the applicable vehicle import process. EPA-certified electric cars use the appropriate import declaration, while nonconforming vehicles may require an exemption or an EPA-authorized importer.
Depending on the vehicle and import route, the relevant requirements can include:
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- EPA Form 3520-1 for most imported on-road vehicles.
- An EPA Independent Commercial Importer, or ICI, for a nonconforming vehicle that does not qualify for an exemption.
- Modification, testing, and certification by the ICI where required.
The RI and ICI are separate roles. The RI addresses DOT/NHTSA safety conformity. The ICI addresses EPA emissions-related conformity and import certification. One company may be able to coordinate both, but a buyer should not assume that an RI’s acceptance settles the EPA question.
EPA says that Customs and EPA can seize or require the export of a nonconforming vehicle that arrives without the required ICI arrangements or a valid exemption. Contact an EPA-authorized ICI and ask whether it is authorized for the exact BYD make, model, year, and powertrain. EPA notes that ICI authority is generally limited by make and model, so eligibility must be confirmed before shipping.
Forms do not make an inadmissible car legal
Potential federal paperwork includes:
- NHTSA Form HS-7: declaration concerning FMVSS, bumper, and theft-prevention requirements.
- EPA Form 3520-1: declaration concerning EPA vehicle import requirements.
- Customs entry documents: including evidence of formal entry and payment of applicable duties.
- NHTSA eligibility and RI documentation: including bond paperwork when the nonconforming-vehicle route applies.
- EPA exemption or ICI documentation: depending on the vehicle’s certification status.
These forms declare the legal basis for importation; they do not create an eligibility basis that otherwise does not exist. A seller who says the buyer can simply check a box on HS-7 or Form 3520-1 is not providing a complete compliance plan.
The newer connected-vehicle rules add another checkpoint
The Commerce Department’s Bureau of Industry and Security, through its Office of Information and Communications Technology and Services, has created a separate connected-vehicle regulatory issue. The BIS connected-vehicle rule applies to connected passenger vehicles under 10,001 pounds and took effect March 17, 2025.
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In broad terms, the rule:
- Beginning with Model Year 2027, restricts certain sales of connected vehicles by manufacturers owned by, controlled by, or subject to the jurisdiction or direction of China or Russia.
- Also restricts the import or sale of vehicles containing covered Chinese or Russian Vehicle Connectivity System or Automated Driving System software.
- Beginning with Model Year 2030, or January 1, 2029 for components without a model year, restricts imports of covered Vehicle Connectivity System hardware from Chinese or Russian sources.
Covered connectivity hardware can include telematics, cellular, Bluetooth, satellite, and Wi-Fi systems. A current BYD passenger car may contain several of those systems, so NHTSA and EPA approval alone may not settle the question.
The rule is written around connected-vehicle manufacturers and covered software, systems, and hardware. It would be too broad to say that every private import of every used BYD is automatically prohibited. However, it would also be reckless to treat a new connected BYD as an ordinary used-car import without a BIS/OICTS review.
BIS provides advisory opinions and authorization information. Its limited-use authorization includes situations such as public-road use for fewer than 30 calendar days in a 12-month period, display, testing, research, and temporary import for repair, alteration, or sporting competition followed by export. Those limited permissions are not substitutes for a normal daily-driver import. Ask BIS/OICTS whether the exact proposed transaction is outside the rule, covered by a general authorization, eligible for a specific authorization, subject to a declaration, or prohibited.
Can a U.S. resident drive a Mexican-registered BYD temporarily?
Usually, not as a permanent workaround. NHTSA’s nonresident temporary-import rule is intended for a nonresident, including a U.S. citizen living abroad, who temporarily brings in a foreign-registered vehicle for personal use. The vehicle must:
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- Not be sold or transferred in the United States.
- Be exported when the permitted period ends.
- Be covered by the required declaration.
The NHTSA period is generally up to one year. EPA’s comparable nonresident exemption also requires nonresident status, personal use, no U.S. sale or transfer, and export after one year or when the nonresident leaves the United States, whichever comes first.
A U.S. resident should not buy a Mexican BYD, keep Mexican plates, repeatedly cross the border, or use another person’s address with the expectation that this creates a permanent U.S. registration route. The facts of residence, use, ownership, and export obligation matter.
Show, display, research, testing, and racing imports
Show or Display
NHTSA may permit permanent importation of a vehicle with unusual historical or technological significance for show or display. The importer must establish the qualifying significance, provide supporting documentation, maintain required insurance, and comply with driving restrictions. On-road use is generally limited to 2,500 miles per year.
NHTSA generally does not approve a model for this route if more than 500 examples of that model were produced, subject to the agency’s rules and exceptions. That makes a mass-produced BYD Seal, Dolphin, or similar mainstream model a poor candidate for anyone seeking an easy daily-driver loophole. No BYD entry appeared in the NHTSA approved/disapproved materials or eligibility list checked for this research. See the agency’s Show or Display guidance and application requirements before treating this as an option.
EPA requirements still apply to any requested road use, even if NHTSA approves Show or Display.
Research, testing, demonstration, repair, or racing
Special temporary routes may exist for testing, research, demonstration, racing, repair, alteration, or sporting competition. These are purpose-limited authorizations, not ordinary consumer import channels. The vehicle may need to be exported, destroyed, or otherwise handled according to the authorization after the permitted activity ends.
The same caution applies to BIS limited-use permissions: occasional or restricted use may matter under a particular authorization, but it does not automatically satisfy NHTSA, EPA, Customs, or state registration rules.
Importing a BYD as a kit or as parts is not an automatic workaround
Disassembling a complete foreign-market passenger car does not necessarily avoid federal import restrictions. NHTSA has stated that a disassembled vehicle that was not originally certified for U.S. standards can remain subject to the same import restrictions and must be handled through the applicable conformity process.
Calling a road-going BYD an off-road vehicle also does not solve the problem. NHTSA’s off-road treatment is for vehicles primarily manufactured for off-road use, not ordinary passenger cars that an importer plans to drive on public roads.
A practical pre-purchase import workflow
Use this as a feasibility process, not a guaranteed recipe. The agencies and professionals involved must approve the actual vehicle and transaction.
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1. Identify the exact car
Record all of the following before asking for quotes:
- Make, model, model year, and trim.
- VIN or chassis number.
- Manufacture date.
- Country of manufacture.
- Country where it was first sold and registered.
- Battery chemistry and capacity.
- Charging connector and voltage specification.
- Cellular, Wi-Fi, Bluetooth, satellite, telematics, and automated-driving equipment.
- Whether the vehicle has a permanent U.S. FMVSS certification label.
- Whether it has a U.S. EPA emissions label or U.S. Certificate of Conformity.
Do not rely on the model name alone. An export-market Seal or Dolphin can differ substantially from a Chinese-market or future U.S.-market version.
2. Check NHTSA eligibility before purchase
Search NHTSA’s eligibility list by exact make, model, and year. If the vehicle is not listed:
- Contact several active Registered Importers.
- Ask whether any RI is willing to petition NHTSA for that precise vehicle.
- Request estimated petition, testing, modification, bond, storage, and timeline costs.
- Obtain written confirmation that the RI will handle the precise model, year, configuration, and VIN.
- Do not ship the vehicle until the eligibility path is confirmed.
3. Check EPA eligibility separately
Contact an EPA-authorized ICI and ask:
- Whether it is authorized for that exact BYD model and powertrain.
- Whether a U.S. EPA Certificate of Conformity exists.
- Whether the vehicle needs an exemption, modification, testing, or certification.
- Which Form 3520-1 code applies.
- Whether the car must remain under ICI control until certification is complete.
EPA’s ICI information explains why authority is not automatically universal across makes and models.
4. Ask a customs broker for a written landed-duty calculation
Give the broker the VIN, invoice, country of origin, port of export, intended U.S. port, vehicle classification, battery and drivetrain information, and any dismantling or reassembly plan. Ask the estimate to identify separately:
- General customs duty.
- Section 301 duty, if applicable.
- Automobile tariffs, if applicable.
- China-specific or other country-specific charges.
- Harbor maintenance and merchandise-processing fees.
- Customs bond costs.
- Port, storage, demurrage, brokerage, and transportation charges.
5. Obtain a BIS/OICTS answer where relevant
For a connected passenger BYD, ask BIS/OICTS for an advisory opinion or other written guidance on whether the transaction is outside the connected-vehicle rule, covered by a general authorization, eligible for a specific authorization, subject to a declaration, or prohibited.
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Contact the DMV or title agency in the state where you actually intend to register the car. Ask for written confirmation of requirements for:
- Customs entry documents.
- HS-7 and EPA Form 3520-1.
- NHTSA RI certification.
- EPA ICI documentation.
- Foreign title or registration records.
- Odometer statement.
- VIN inspection.
- Safety and emissions inspections, if applicable.
- Insurance.
- Sales or use tax.
- Title, registration, and VIN fees.
Federal import clearance does not guarantee that a state will issue a title or registration.
7. Confirm insurance, software, parts, and service
Before purchase, obtain written quotes from a specialty imported-vehicle insurer and a mainstream insurer. Also ask BYD or the authorized foreign dealer:
- Does the warranty follow the car outside its original market?
- Are replacement parts available in the United States?
- Can a U.S. technician access the required diagnostic software?
- Will the app, modem, navigation, remote functions, and over-the-air updates work in the United States?
- Is there a high-voltage battery repair facility within practical distance?
- Will recalls and software fixes be supported for a non-U.S.-market VIN?
What the real cost can include
Do not trust a generic online estimate such as a car price plus a single tariff percentage. A realistic cost model is:
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+ foreign taxes and export charges
+ inland transport to the export port
+ ocean or air freight
+ marine insurance
+ customs broker
+ Customs entry and bond
+ applicable tariffs and fees
+ port, storage, and demurrage
+ NHTSA RI petition and modifications
+ NHTSA bond
+ EPA ICI testing, modification, and certification
+ BIS compliance work, if applicable
+ inland U.S. transportation
+ state sales or use tax
+ title, registration, inspection, and VIN fees
+ insurance
+ parts, software, charging, and service contingency
= realistic landed and road-registered costThe 100% Chinese-EV Section 301 figure is not necessarily the total import cost, and it should not be assumed to apply identically to a vehicle assembled in Mexico. Tariff calculations must be dated and based on the current classification and country-of-origin analysis at the time of entry.
Do BYD imports qualify for a federal EV tax credit?
As of August 9, 2026, the IRS says the New Clean Vehicle Credit, Previously-Owned Clean Vehicle Credit, and Qualified Commercial Clean Vehicle Credit are not available for vehicles acquired after September 30, 2025. A current BYD import therefore should not be presented as eligible for a federal consumer EV purchase credit.
Even before those credits ended, a new-vehicle credit required North American final assembly and other manufacturer, battery, and reporting conditions. A foreign-market BYD bought abroad would not have qualified merely because it was electric.
Common arguments that do not solve the problem
It passed Euro NCAP, ANCAP, or Latin NCAP
A foreign crash rating can be useful safety information, but it is not proof of U.S. FMVSS compliance. Certification labels, equipment requirements, testing regimes, and import procedures differ.
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I will just use a Registered Importer
That works only if the RI accepts the exact vehicle, NHTSA has determined that the exact make/model/year is eligible or approves the relevant petition, the RI can perform and certify the modifications, and EPA requirements are separately satisfied. An RI listing is not blanket approval for every foreign vehicle.
I will import it as used
Used status does not cure nonconformity. NHTSA rules apply to new and used vehicles except for specific exemptions such as the 25-year rule.
I will title it in another state first
Do not recommend or rely on title-shopping or misrepresenting where the vehicle is kept. A state title does not erase federal import violations, and a vehicle that was improperly entered may be subject to seizure or export.
The seller says it handles compliance
Ask the seller to identify in writing:
- The U.S. Registered Importer.
- The U.S. EPA Independent Commercial Importer.
- The NHTSA eligibility number or petition status.
- The EPA certificate or exemption.
- The Customs broker.
- The importer of record.
- The documents expected to support state registration.
- The warranty, parts, and service arrangement.
If the seller cannot provide those details, treat the offer as a foreign vehicle sale, not as a completed legal U.S. import.
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When could importing a BYD make sense?
The project may be rational for a specialist importer, collector, museum, research organization, testing program, or buyer pursuing a vehicle with an already-established U.S. eligibility path. It may also become simpler if BYD officially launches the relevant passenger model in the United States and supplies U.S.-certified vehicles through an authorized channel.
For a normal consumer seeking a dependable daily driver, the economics and compliance risk are difficult to justify when there is no established NHTSA eligibility entry, no ordinary passenger-car retail network, uncertain EPA and BIS treatment, potentially substantial tariffs, and no guaranteed U.S. warranty or service support.
Frequently Asked Questions
Can I legally buy a BYD Seal or Dolphin in Mexico and register it in the United States?
Possibly only if the exact vehicle qualifies under all applicable NHTSA, EPA, Customs, BIS/OICTS, and state DMV requirements. Mexican purchase and registration do not bypass those requirements, and a Mexican warranty may not be valid in the United States.
Is every BYD banned in the United States?
That is too broad. BYD has a U.S. commercial operation, and specialized temporary or commercial import situations may exist. The practical issue is that a current foreign-market BYD passenger car does not have an ordinary U.S. consumer retail route and may face several independent import restrictions.
Does the 25-year rule make an old BYD automatically legal?
No. It can remove NHTSA’s FMVSS compliance restriction for a vehicle at least 25 years old based on its manufacture date. EPA, Customs, state title and registration, insurance, and connected-vehicle rules may still apply.
Can I import a BYD as parts or a kit to avoid the rules?
Not automatically. NHTSA has stated that a disassembled vehicle that was not originally certified for U.S. standards can remain subject to the same import restrictions. Calling an ordinary passenger car an off-road vehicle also does not change its intended road use.
Can a U.S. resident use Mexican plates to drive a BYD in the United States temporarily?
The nonresident temporary-import rules are not a general workaround for a U.S. resident. They are designed for qualifying nonresidents, require the vehicle to remain foreign-registered and not be sold in the United States, and generally require export within the permitted period.
The Bottom Line
Bottom line: For a normal U.S. buyer, there is currently no straightforward way to purchase a new BYD passenger car through a U.S. retail channel. Importing one from Mexico, China, or another country is theoretically possible only through a vehicle-specific compliance path, and the NHTSA, EPA, Customs, BIS/OICTS, state DMV, insurance, and service questions must all be answered independently.
Make written pre-purchase clearance your go/no-go gate. If you cannot identify the RI, ICI, customs broker, importer of record, federal eligibility basis, connected-vehicle authorization where relevant, and state registration documents before sending money, stop. A foreign seller can deliver a car; it cannot guarantee that the United States will let you keep and register it.
Quick Recap
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