Interpretation ID: aiam4302
House of Representatives
Washington
D.C. 20515;
Dear Mr. Dannemeyer: Thank your(sic) for your letter to Mr. Babbitt, our Director o Congressional Affairs, on behalf of your constituent, Mr. Ed Money. Mr. Money recently imported a shipment of 'spinner hubcaps' from Taiwan. These hubcaps were seized by the U.S. Customs Service for failing to conform with the requirements of Federal Motor Vehicle Safety Standard No. 211, *Wheel Nuts, Wheel Discs, and Hubcaps* (49 CFR S571.211). You stated that it was your understanding that Standard No. 211 applies only to vehicle manufacturers and not to aftermarket parts dealers, and that the Customs Service had erroneously applied Standard No. 211 to the products you(sic) constitutent(sic) intended to import. Accordingly, you asked that we review the requirements of Standard No. 211 and state whether those requirements apply to 'anyone other than a manufacturer of automobiles'.; After carefully reviewing the language of Standard No. 211 and ever prior interpretation of the standard, we have concluded that the Customs Service correctly applied Standard No. 211 to Mr. Money's hubcaps. Section S2 of Standard No. 211 specifies that, 'This standard applies to passenger cars, multipurpose passenger vehicles, *and passenger car and multipurpose passenger vehicle equipment*.' (Emphasis added) This language means that the standard applies to all wheel nuts, wheel discs and hubcaps for use on passenger cars or multipurpose passenger vehicles, regardless of whether the part is to be used as original equipment or as a replacement part. This meaning has long been affirmed in this agency's letters of interpretation. We explained the application of Standard No. 211 in letter of May 8, 1967, to Mr. Earl Kinter, and May 10, 1967, to Mr. Harold Halfpenny. I have enclosed copies of both these previous interpretations for your information. These letter are still accurate expressions of the agency's opinion on this question.; Standard No. 211, which was one of the original Federal motor vehicl safety standards, became effective on January 1, 1968. As of that date, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act 15 U.S.C. 1397(a)(1)(A) made it illegal to 'manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or *import into the Untied States'* any 'spinner hubcaps' (Emphasis added). Therefore, we believe the U.S. Customs Service was enforcing the law properly when it seized the hubcaps Mr. Money sought to import.; You enclosed with your letter advertisements from several othe aftermarket parts suppliers offering spinner hubcaps for sale. Our enforcement personnel will investigate each of those suppliers and take appropriate actions if their hubcaps violate Standard No. 211; I hope this information clarifies the law on this subject. If you hav any further questions or need more information, please do not hesitate to contact me.; Sincerely, Erika Z. Jones, Chief Counsel