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Tom is correct. The EPA allows me to bring engines into the US under a Competition Engine Exclusion by serial number, with the understanding that those engines will only be sold a person who is a racing member of a recognized organization who intends to use the engine in competition. Simply enough, that is 'the deal'. And to make sure we have engines for the D class now and into the future, I go along with it.
The Tohatsu, yamato race enfiness, etc by EPA rules, can only be sold as race engines....dealers like Alex can only sell to registered APBA, etc current members for 'racing only".....that being said, if you want a sweet 44xs, please PM me.
I've run across a few older ads of people selling them, but they go quick. I have a current APBA racers license for stock outboard. And like I said, plan to race... just not right away.
Save yourself the possibility of buying a POS used engine and buy a new one from Alex...I've seen and rebuilt a few used Tohatsus sold to racers and they ended up spending almost as much as a new one sold by Alex...
I would also buy a new Tohatsu if you can afford one....they seem to be fastest right out of the box. Darren is correct about used engines....some of them are ok, but others seem to have serious issues.
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