Interpretation ID: aiam3805
Junior International Trade Advisor
The Netherlands Chamber of Commerce in the United States
303 E. Wacker
Suite 412
Chicago
IL 60601;
Dear Mr. van Drie: This responds to your letter to Mr. Kratzke of my staff, asking abou the applicability of Federal Motor Vehicle Safety Standard No. 302, *Flammability of interior materials* (49 CFR S571.302). Specifically, you wish to know whether car mats and car seat covers sold not to car manufacturers, but to retailers and wholesalers must comply with the performance requirements of Standard No. 302. The mats and seat covers are required to comply with those requirements only if they will be installed by a manufacturer, dealer, distributor, or repair shop. However, there are possible product liability consequences which could result if the mats and seat covers do not meet the flammability requirements and burn in a vehicle under circumstances where complying mats and seat covers would not have burned.; Section S4.1 of Standard No. 302 specifies the components of a vehicl which must meet the flammability requirements of section S4.3. Included among the components listed in S4.1 are seat cushions, seat backs, head restraints, and floor coverings. These components would cover items like seat covers and floor mats. Hence, any seat covers or mats installed as original equipment in new vehicles would have to comply with the flammability requirements of Standard No. 302. However, section S3 of the standard specifies that the standard applies to new vehicles and not to individual components. The effect of section S3 is that the flammability requirements of Standard No. 302 are not directly applicable to the individual components like seat covers and floor mats that are sold as items of aftermarket equipment.; Section 108(a)(2)(A) of the National Traffic and Motor Vehicle Safet Act, as amended (hereinafter 'the act', 15 U.S.C. 1397(a)(2)(A)) provides: 'No manufacturer, distributor, dealer or motor vehicle repair business shall knowingly render inoperative... any device or element of design installed on or in a motor vehicle or item of motor vehicle equipment in compliance with an applicable Federal motor vehicle safety standard,...' This agency would interpret the installation of seat covers and car mats which do not meet the requirements of Standard No. 302 in a vehicle as rendering inoperative an element of design (flammability resistance) installed in a motor vehicle in compliance with an applicable Federal safety standard (Standard No. 302), and therefore that installation would violate section 108(a)(2)(A) of the Act. Section 109 of the Act specifies a potential civil penalty of $1000 for each violation of section 108.; While this language precludes manufacturers, dealers, distributors, an repair shops from installing seat covers or floor mats which do not comply with the flammability requirements of Standard No. 302 in a motor vehicle, it does not prohibit consumers from installing such items in their vehicles. Hence, if the manufacturer of noncomplying seat covers and floor mats intends that they only be installed by purchasers, no violation of Federal law or regulation would be involved.; However, if the seat covers or floor mats were to catch fire in situation where a seat cover or floor mat complying with Standard No. 302 would not have caught fire, there would be possible liability consequences under State and common law. You may wish to consult a private attorney for further advice in this regard.; Should you have any further questions or need further information i this area, please feel free to contact Mr. Kratzke at this address or by telephone at (202) 426-2992.; Sincerely, Frank Berndt, Chief Counsel