Interpretation ID: aiam4292
United States House of Representatives
430 Davidson Street
Suite A
Chula Vista
CA 92010;
Dear Mr. Bates: This responds to your letter on behalf of a constituent, Tatar Osman Mr. Osman was interested in learning how to get an 'approval' for a child seat. According to advertising literature you enclosed with your letter, this child seat complies with the European ECE Regulations.; In enforcing its safety standards, this agency does not follow th European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the National Traffic and Motor Vehicle Safety Act, the manufacturer *itself* must certify that each of its items of motor vehicle equipment fully satisfies all requirements of the applicable Federal motor vehicle standards. In the case of child seats, every child restraint system for use in motor vehicles that is 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 both performance and labeling requirements that must be satisfied by the child restraint system.; Further, this agency does not require that the manufacturer' certification be based on a specified number of tests of the child restraint system or any tests at all. Pursuant to the Vehicle Safety Act, 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 system complies with Standard No. 213. We would certainly recommend, however, that a manufacturer selling its child restraint systems in the United States for the first time tests those systems according to the test procedures specified in Standard No. 213. Once the manufacturer has determined that its child restraint system complies with the requirements of Standard No. 213, it certifies that compliance by placing a certification label on the child restraint, as specified in section S5.5 of Standard No. 213.; There are two additional regulations you should bring to the attentio of your constituent in the event he plans to import these child restraints into the United States. Copies of both these regulations are enclosed for your information. The first is 49 CFR Part 566, *Manufacturer Identification*. This regulation requires a manufacturer (including importer) of motor vehicle equipment to submit its name, address, and a brief description of the equipment it manufacturers (or imports) to this agency within 30 days of the date the child restraints are first manufactured (imported into the United States).; The second regulation is 49 CFR Part 551, *Procedural Rules*. Sectio 551.45 requires the actual manufacturer of foreign-manufactured child restraints to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. It is not necessary for an importer located within this country to designate its own agent as well. Part 551 specifies that the designation of agent by the manufacturer must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin upon 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 mailin address of the manufacturer,<<<; >>>3. Marks, trade names, or other designations of origin of any of th manufacturer's child restraint systems that do not bear its name,<<<; >>>4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,<<<; >>>5. A declaration of acceptance duly signed by the agent appointed b the manufacturer, and that agent may be an individual, firm, or U.S. corporation, and<<<; >>>6. The full legal name and address of the designated agent.<<< Such a designation must be received by this agency before any of th manufacturer's child restraint system are imported into this country.; Should you need further information on this subject, or a clarificatio of any of the information set forth herein, please do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel