Interpretation ID: 21340.ztv

Mr. Louis De Cuzzi
D.R.R. LLC
900 Theora Drive
Brunswick, Ohio 44212

Dear Mr. De Cuzzi:

We are replying to your fax of March 6, 2000, asking us for an interpretation on two types of vehicles you wish to import. You identify each as "all-terrain vehicles and are intended for that use only." You have also included photographs of these vehicles.

These vehicles are not subject to our jurisdiction. We regulate "motor vehicles" which are defined, in part, as vehicles "manufactured primarily for use on the public streets, roads, and highways." All-terrain vehicles are manufactured for use off the public roads, not on them. Accordingly, we do not and have not regulated all-terrain vehicles.

All-terrain vehicles are under the jurisdiction of the Consumer Product Safety Commission (CPSC). We are not conversant with the regulations, if any, that must be met by all-terrain vehicles at the time of their importation, and recommend that you consult the CPSC. For purposes of this agency, if the U.S. Customs Service requires you to execute the DOT HS-7 Form "Declaration" at the time of entry, you may check Box 8 stating that the vehicles being imported are not "motor vehicles" subject to our requirements.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571#591
d.5/19/00