300 tdi under the hood is not. Its up to the customs officer to catch it though. That said the fool is telegraphing his intent.
I continue to marvel @ the low intelligence quotient of sellers that advertise vehicles that don't meet criteria for importation, for sale here in the US, and openly indicate they are not here yet.
US Customs has openly acknowledged that they follow this forum as has been posted by both Will and myself based on comments made to us both.