Interpretation ID: 1985-01.51

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/85

FROM: AUTHOR UNAVAILABLE; Jeffrey E.Miller; NHTSA

TO: Mr. A. R. Fisher

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. A. R. Fisher Manager, Environmental Affairs New United Motor Manufacturing Inc. 45500 Fremont Boulevard Fremont, California 94538

Dear Mr. Fisher:

This is in response to your letter of October 5, 1984, to Mr. Vinson of this office. Please accept our apologies for the delay in responding.

Under the assumptions that your Fremont plant has been granted Foreign Trade Zone status and that light-duty engines are "certified at time of entry," you have asked for confirmation that the National Highway Traffic Safety Administration does not require a DOT HS-7 Form for the engines.

Motor vehicle engines are not subject to any form of certification to DOT requirements, and no HS-7 Form is required for them under any circumstances.

You have also asked for confirmation that no HS-7 need be filed for finished vehicles entering the stream of commerce of the United States provided that they are produced at the Fremont plant and are in compliance at the time of delivery.

For Customs purposes, motor vehicles manufactured in Foreign Trade Zones within the United States are not considered as subject to importation requirements until they leave the Zone and enter the Customs Territory of the United States. Under the joint DOT-Treasury (Customs) regulation governing importation of vehicles subject to the Federal motor vehicle safety standards, a declaration must be given (usually the Form HS-7) when vehicles enter the United States, even if they bear the certification of compliance to all applicable Federal motor vehicle safety standards (19 C.F.R. 12.80(b)(1)(ii)). Technically, Customs could require declarations for all vehicles manufactured in the Zone at Fremont.

However, declarations may be waived for certified U.S., Mexican, or Canadian-registered vehicles arriving at land borders (19 C.F.R. 12.80(f)), at the discretion of the District Director of the border crossing involved. We view the Fremont Trade Zone situation as analogous, and you may inform the local District Customs Director that this agency would have no objection if the declaration requirement were waived for the cars to be produced at Fremont. Should the District Director decide that authority was lacking for such a waiver, your recourse would appear to be to petition the U.S. Customs Service for rulemaking to amend Section 12.80(f) to include certified but unregistered vehicles produced within Foreign Trade Zones.

In closing, we request that your company file a Manufacturer Identification statement with this agency as required by 49 C.F.R Part 566.

Sincerely,

Original Signed By

Jeffrey R. Miller Chief Counsel

October 5, 1984

Mr. Taylor Vinson National Highway Traffic Safety Administration U.S. Dept. of Transportation 400 7th Street, S.W. Washington, D.C. 20590

Dear Mr. Vinson:

This letter is a follow up to a conversation last week with Mr. Clive Van Orden concerning the enclosed letter of August 17, 1984. I would like to reconfirm that NHTSA does not need to receive nor require DOT HS Form 7 for light-duty engines imported by New United Motor Manufacturing, Inc. (NUMMI) for the purpose of new vehicle production, providing that such engines are certified at the time of entry and the Fremont plant has been granted Foreign Trade Zone status. If the above understanding is correct we would appreciate receiving a confirmation letter.

Also, please advise us if the filing of DOT HS Form 7 will not be necessary for finished vehicles entered into the commerce of the United States provided such vehicles 1) are produced at the Fremont plant and 2) are in compliance at the time of delivery.

Sincerely,

A.R. Fisher, PhD Manager, Environmental Affairs

cc: E. Muirhead - NUMMI T. Welte - U.S. Customs

August 17, 1984

Mr. Clive Van Orden National Highway Traffic Safety Administration U.S. Dept. of Transportation 400 7th Street, S.W. Washington, DC 20590

Dear Mr. Van Orden:

As a follow up to our conversation last week, I would like to reconfirm that NHTSA does not need to receive nor require DOT HS form 7 for engines imported by New United Motor Mfg. Inc. (NUMMI) for the purpose of new vehicle production, providing that such engines are certified at the time of entry and the Fremont plant has been granted Foreign Trade Zone status. If the above understanding is correct we would appreciate receiving a confirmation letter.

Also, please advise us if the filing of DOT HS form 7 will not be necessary for finished vehicles entered into the commerce of the United States provided such vehicles 1) are produced at the Fremont plant and 2) are in compliance at the time of delivery.

Sincerely,

Anthony Fisher. Ph.D Manager - Environmental Affairs

cc: e. Muirhead - NUMMI T. Welte - U.S. Customs