Interpretation ID: 1993y
President, Fair Sun Industrial Co., Ltd.
P.O. Box 36-570
Taipei, Taiwan
Dear Mr. Hong:
This is in reply to your letter with reference to motor vehicle flashers that you wish to sell in the United States.
You have asked the following questions:
l. "How do we get DOT approval?" 2. "Should ask for an application forms from you and sent one lot of samples for your test?"
The Department has no authority to "approve" flashers, and no laboratory of its own in which it tests them. Under our law, the National Traffic and Motor Vehicle Safety Act, the manufacturer of the flashers, not the Department, determines in the first instance whether or not they comply with the SAE materials incorporated into Federal Motor Vehicle Safety Standard No. l08. If the manufacturer is convinced that they comply, it certifies that the flashers meet Standard No. l08, either with a statement on the container in which the flashers are shipped, a tag attached to each flasher, or a DOT symbol on the flasher itself. From time to time, the Department buys flashers for testing. In this manner, the Department has discovered that a number of those manufactured in Taiwan have not met Federal requirements, and lacked the required certification. In some instances, civil penalties have been imposed against the manufacturer or importer of the flashers.
3. "We may send samples to any other Laboratory and get an approval?"
To aid you in reaching a conclusion whether the flashers are designed to conform with Standard No. 108, you may send samples to any test laboratory you wish. Although the standard deems a flasher compliant if not less than 17 of 20 flashers tested meet the requirements, we caution you that you should not accept such a result as a guarantor of compliance. Because of the tolerances involved in production of flashers, we believe that a manufacturer wishing to ensure that at least 17 of 20 flashers will pass whenever the government tests them should design its flashers to achieve a higher level of compliance with durability and performance requirements than the minimum acceptable number of 17. Once a higher level is reached, a manufacturer should ensure that the flashers will continue to meet Standard No. l08 over time. Accordingly, we urge flasher manufacturers to test their products periodically as an assurance that a minimum of 17 out of every 20 continue to meet the performance and durability requirements specified.
Although you have no obligation to obtain "approval" from the Department, there are two requirements that manufacturers of flashers must meet before offering their products for sale in the U.S. You must designate an agent for service of process (49 CFR 551.45) and file an identification statement (49 CFR Part 566). I enclose a copy of these regulations for your information.
If you have any further questions we shall be pleased to answer them.
Sincerely,
Stephen P. Wood Acting Chief Counsel
Enclosures
/ref:108 d:9/l3/89