Interpretation ID: 1984-3.4
TYPE: INTERPRETATION-NHTSA
DATE: 08/17/84
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Firma Laupp
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Kevin C. Graves Firma Laupp Lerchenfelder Str. 63 1070 Wien Austria
Dear Mr. Graves:
This responds to your recent letter to Mr. Stephen Oesch, of my staff, asking for information about testing your client's child restraint system for use in automobiles. You indicated that you were interested in making arrangements for testing that child restraint system under the U.S. requirements. You also stated that the restraint has been tested for compliance with the European ECE Regulation 44, and asked for instructions on how to proceed with testing, how much time should be allowed for testing, and an estimate of the costs involved in testing.
Every child restraint system for use in motor vehicles sold in or imported into the United States must be certified as complying with Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR S571.213) (copy enclosed). This standard sets forth performance and labeling requirements which must be satisfied by the child restraint system. This country does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver the equipment to specified institutes for testing before the product can be sold. For our purposes, the manufacturer itself must certify that the child restraint system fully satisfies all requirements of Standard No. 213. Further, this agency does not require that the manufacturer's certification be based on a specified number of tests or any tests at all; we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint systems comply with Standard No. 213. Certainly we recommend that a manufacturer selling child restraint systems in the United States test the systems according to the test procedures specified in the standard. Once a manufacturer determines that its child restraints meet the requirements of Standard No. 213, it certifies that compliance by labeling that certification onto the child restraint, as specified in section S5.5 of Standard No. 213.
If your client decides to market its child restraint system in the United States, I would like to call your attention to the requirements of 49 CFR S551.45 (copy enclosed). That section requires that before offering any item of motor vehicle equipment for importation into the United States, a manufacturer must designate an agent for the service of process. The designation of the agent for the service of process must contain the following six items in order to be valid under S551.45:
1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business, and mailing address of the manufacturer;
3. Marks, trade names, or other designations of the origin of any of the manufacturer's products which do not bear its name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and
6. The full legal name and address of the designated agent.
In addition, the designation must be signed by one with authority to appoint the agent, and the signer's name and title should be clearly indicated beneath his or her signature. This designation should be mailed to the address shown in S551.45(b).
Should you need further information on this subject, please feel free to contact Mr. Steve Kratzke of my staff at this address.
Sincerely,
Frank Berndt Chief Counsel Enclosures
Stephen Oesch Office of Chief Council N.H.T.S.A. 400 Seventh Street SW. Washington D.C.
Kevin Graves Firma Laupp Lerchenfelder Str. 63 1 0 7 0 W I E N Austria telex # 13/6592 telephone 01143/222/93-82-04
April 11, 1984
Dear Mr. Oesch,
We are an Austrian Exporting firm who represent the manufacturer of a unique childrens automotive restraint seat. We are interested in making contacts with the appropriate department in order to make arrangements for testing the seat under your requirements.
We have recently undergone tests in Holland at the "Institut voor Wegtran-sportmiddelen" (Institute for road transport vehicles) or TNO under the classification of ECE regulation forty-four. It is my understanding that these requirements were to be incorporated into a United Nations regulation and therefore would suffice your particular requirements. However, I have not yet heard that this has actually taken place. Therefore I would appreciate it if you could give us the necessarry instructions on how to proceed, how much lead time we should allow for the required tests.
I have read the documents under the Standards for Vehicles and Equipment-Seating Restraints, and Occupant Protection, number 5120, 5135 dated 1980 but with amendments dated as recent as 9/27/82 by the Commerce Clearing House for the Consumer Product Safety Guide. Having passed all the required tests for TNO, must we actually retest for NHTSA or DOT or does the TNO test suffice? If not then which stipulations in particular must we pay attention to? The requirements and actual tests appear to be quite similar.
I would greatly appreciate it if you could assign to our firm one person to handle all communications. We have found that matters proceed with much less confusion this way, especially considering the complexities involved. As far as supplying information if it makes any difference I am a U.S. citizen. Please instruct us how to proceed, how much time we should allow for testing, and what the costs involved are. We thank you very much for your cooperation and look forward to hearing from you.
Sincerely,
Kevin C Graves