Interpretation ID: 18202.ztv

The Honorable Benjamin A. Gilman
House of Representatives
377 Route 59
Monsey, NY 10952-3498

Dear Mr. Gilman:

This is in reply to your letter of September 22, 1997, to the Department of Transportation on behalf of your constituent, Michael Sarafan of Spring Valley. Mr. Sarafan is president of Sarafan Truck & Equipment, Inc. Mr. Sarafan seeks to import two military trucks from Canada which were manufactured in the United States. You have asked us for a report. We are pleased to do so.

As a general rule, motor vehicles must comply, and be certified as complying, with all Federal motor vehicle safety standards in order to be imported into the United States. At the time of their manufacture, motor vehicles produced under contracts with and sold to the Armed Forces of the United States are exempt from compliance with these standards. This exemption has been effective from the issuance of the initial Federal motor vehicle safety standards, and was based upon a comment by the Department of Defense that, under some situations, compliance with a safety standard might prevent a military vehicle from full accomplishment of its mission. When a military truck is sold outside the United States to a civilian for civilian uses, it loses its status as a military vehicle. If the vehicle is then presented for importation into the United States, it will not be readmitted unless it has been brought into compliance with the standards that would have applied to it at the time of its manufacture had it not been a military vehicle. That is the reason that the U.S. Customs Service will not admit the two trucks that concern Mr. Sarafan.

Mr. Sarafan comments that this is a common form of business for him and that he has "returned many other U.S. made trucks to the U.S. from Canada previously." At the time that Mr. Sarafan wrote you on September 18, Mr. Vinson of this office was on leave and thus could not take his call, but he did talk with Mr. Sarafan on September 22 and understood that Mr. Sarafan was referring to military trucks (civilian U.S.-made trucks can be expected to bear a certification of compliance and can be reimported without problems). As Mr. Vinson explained to Mr. Sarafan, there has been no change in the law, and our interpretation is one of long-standing. It is possible that this interpretation was not previously understood, or applied, at the port of entry where he has been importing vehicles from Canada.

In order to import these trucks, Mr. Sarafan must follow Federal importation procedures. This requires him to contract with a "registered importer" who will undertake to obtain a decision from the agency that the trucks are capable of being converted to meet the Federal motor vehicle safety standards. If they are found capable of being so modified, the registered importer will bring the trucks into compliance with the standards. Mr. Sarafan has previously spoken with Mr. Van Orden of this agency, and he should contact him for further information.

Sincerely,
John Womack
Acting Chief Counsel
ref:591
d.10/20/97