Interpretation ID: 19023.ztv

Herr Olaf Schmidt
Manager, R &D
Hella K.G. Hueck & Co.
Rixbecker Str. 75
59552 Lippstadt
Germany

Dear Herr Schmidt:

We apologize for the delay in answering your letter of March 27, 1998, on headlamp labels, but this Office did not receive a copy of it until November 3. If you wish to communicate with us by fax, we recommend that you mail a hard copy at the same time to minimize the possibility of lost correspondence.

You report that "modern headlamp designs have the approval markings for the USA as well as for the European market on the lens as it is required by the relevant laws." In order to minimize confusion as to whether a headlamp has been designed to conform to Federal Motor Vehicle Safety Standard No. 108, or to conform with ECE requirements, Hella would like to place the words "Not D.O.T. approved" or "Not D.O.T. certified" on the bottom line of the labels that the company places on the rear of the headlamp housing of ECE headlamps. You have asked that we agree with your plan.

We cannot agree with your plan. We understand that, under this plan, the "DOT" symbol would appear on each lens. S7.2(a) of Standard No. 108 requires that the lens of each original and replacement headlamp manufactured for sale in the United States must be marked with the symbol "DOT." This symbol is the certification required by 49 U.S.C. 30115 that the headlamp meets Standard No. 108. It cannot be qualified by a disclaimer placed on a label on the rear of the headlamp housing. A manufacturer must not mark a headlamp lens with the DOT symbol if the headlamp does not comply with Standard No. 108.

A manufacturer who applies the DOT symbol to the lens of a headlamp that meets ECE requirements but does not comply with Standard No. 108, in our view, has provided certification that is materially false and misleading, and the manufacturer may be liable for a civil penalty. The maximum civil penalties authorized are $1,100 for importation of a single noncomplying headlamp, and $1,100 for each instance of false and misleading certification. We may impose a penalty up to a total of $880,000 for any related series of violations.

Should it come to our attention that noncomplying headlamps with dual ECE/DOT markings are being imported into the United States, we will investigate the matter with a view towards seeking a civil penalty from any responsible headlamp manufacturer doing business in the United States. In addition, if nonconforming headlamps with dual ECE/DOT markings have previously been imported and sold, our laws require the importer to notify purchasers of the noncompliance, and to remedy the noncompliance at no charge.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:108#VSA
d.2/26/99