Interpretation ID: 18859.ztv

Andre Hubert, President
Electro Design Stan Inc.
50 Daoust
St-Eustache, Qc J7R 5B5

Dear Mr. Hubert:

Please pardon the delay in responding to your letter to Mr. George Entwistle of this agency which was forwarded to this office for response. Your letter seeks to clarify the classification of the Electro-Radar which you intend to export to the United States in the near future. You enclosed a promotional brochure describing the unit and a tariff classification ruling from the U.S. Customs Service.

You described the Electro-Radar as a radar system mounted on a trailer that is used by municipalities and other transportation departments to determine the speed of passing motor vehicles, then display in large LED numbers both the applicable speed limit and the speed of the vehicle. You stated that the unit is mounted on a trailer for transport from one site to another. Once at a site the equipment is installed and remains at the same site for periods varying from one day to several weeks. You asked whether this unit may be excluded from the definition of a motor vehicle as long as it has the required lighting equipment and if so, which box on the NHTSA Form HS-7, DECLARATION - Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety, Bumper and Theft Prevention Standards, corresponds to your situation.

Chapter 301 of Title 49, U.S. Code (U.S.C.) (hereinafter Safety Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to establish Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The Safety Act defines "motor vehicle" as:

[A] vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

49 U.S.C. 30102(a)(6).

Whether your Electro-Radar is considered to be a motor vehicle depends on its intended use. It is NHTSA's position that the statutory definition quoted above does not envision, for example, mobile construction equipment such as cranes and scrapers that use the public roadways only for transport between off-road job sites and that typically spend extended periods of time at those off-road sites. In such cases, the on-road use of that equipment is merely incidental and is not the primary purpose for which the equipment was manufactured. This contrasts with vehicles such as dump trucks that frequently use the public roadways going to and from off-road job sites but remain at those sites for only a limited period of time. Those vehicles are considered motor vehicles for purposes of the Safety Act since their on-road use is more than merely "incidental."

The descriptive brochure of the Electro-Radar shows that it is a small, very mobile unit that can be easily towed from site to site over the public roads. Not only is the unit towed on-road while being transported to its next site, the brochure shows that the unit is likely to be used on the public streets or roads as a means of traffic speed control. Your letter states that the units are utilized at those sites from one day to several weeks, which means that the units are frequently transported over the public roads. Such frequent transportation of the Electro-Radar over the public streets and roads is more than merely incidental to the use for which it was manufactured. Accordingly, it is our opinion that the unit meets the definition of a motor vehicle and as you stated, would be classified as a trailer.

A "trailer" is defined in 49 Code of Federal Regulations (CFR) 571.3 as:

[A] motor vehicle with or without motive power, designed for carrying persons or property and for being drawn by another motor vehicle.

Thus, in order to be imported into the United States, the Electro-Radar must comply with all FMVSSs applicable to trailers. For your information, I am enclosing a fact sheet entitled Federal Requirements for Manufacturers of Trailers. Please note that, among other things, the trailer must be assigned a vehicle identification number (VIN) that complies with 49 CFR Part 565 and be certified as prescribed in 49 CFR Part 567.

You also asked which box should be marked on the Form HS-7 if the trailer is considered a motor vehicle. For the trailer in question, you should mark Box 2A.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers or Taylor Vinson of my staff at (202) 366-2992 or 366-5263 respectively, or either by fax at (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
Ref:108;#VSA
d.5/4/99