As stated in the Preamble to the Final Rule, 59 Fed. Reg. 7764, "refiners and importers may not use the tolerance to expand the applicable standard. Further, product must meet all applicable specifications when it leaves the refinery or import facility. If the refiner or importer results show the product to be above the standard, then the product is in violation regardless of whether or not it is within the tolerance." Further, under § 80.65(e) an importer is required to sample and test each batch of imported gasoline prior to the gasoline leaving the import facility.

It is the importer's test result from the gasoline sample collected at the port-of-entry that is the basis for establishing the properties of the imported gasoline. Accordingly, under then hypothetical posed above, the test result of 8.3 psi RVP from the port-of-entry inspection would result in an EPA finding that the product is in violation of the regulations, and the importer would be liable for appropriate penalties.(7/1/94)

This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (PDF)(333 pp, 18.17 MB, EPA420-R-03-009, July 2003, About PDF)