Interpretation ID: 1985-02.19

TYPE: INTERPRETATION-NHTSA

DATE: 04/22/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Beatrice Ho -- Honest International Corp.

TITLE: FMVSS INTERPRETATION

ATTACHMT: 8/17/83 letter from Frank Berndt to Kevin C. Graves

TEXT:

Ms. Beatrice Ho Honest International Corp. P.O. Box 851391 Richardson, TX 75081

This responds to your letter to Mr. Radovich of this agency's Rulemaking Division, seeking an interpretation of Standard No. 213, Child Restraint Systems (49 CFR S571.213). Specifically, you asked if a child restraint which has been certified as meeting the Japanese safety standard could automatically be considered as complying with Standard No. 213, and, if not, asked for the names and addresses of the U.S. testing laboratories.

There is no requirement that the measures, such as testing, taken by a manufacturer to demonstrate it exercised due care to produce an item of equipment in accordance with Standard No. 213, be performed in this country. If a foreign standard is essentially identical to Standard No. 213, then it may be that the efforts made by a manufacturer in a foreign country to show compliance with that country's standard could form the basis for the manufacturer's certification that its product complied with Standard No. 213. The adequacy of those efforts would depend on a variety of factors, including the degree of similarity between the standards and the resources available to the manufacturer to determine its compliance. For additional information relating to your question, please see the enclosed letter written last year to an Austrian child restraint manufacturer. That letter explains in detail the procedures for certifying compliance with Standard No. 213.

For purposes of enforcing Standard No. 213, this agency conducts spot checks of child restraints after they have been certified by the manufacturer as complying with the standard, by purchasing child restraints and testing them in accordance with the procedures specified in the standard.

If the child restraints pass those tests, no further steps are taken. If a child restraint fails the tests and is determined not to comply with Standard No. 213 or if it is determined that the child restraint contains a safety-related defect, the manufacturer of the child restraint is required to remedy the problem. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of a child restraint which fails to comply with Standard No. 213 or contains a safety-related defect, the manufacturer may elect to either:

(1) repair the child restraint so that the defect or noncompliance is removed or

(2) replace the child restraint with an identical or reasonably equivalent restraint which does not have the defect or noncompliance.

Whichever of these options is chosen, the child restraint manufacturer must bear the expense and cannot charge the child restraint owner for the remedy.

Should you have any further questions or need more information on this subject, please contact Mr. Stephen Kratzke of my staff at this address.

Sincerely,

Jeffrey R. Miller Chief Counsel

Enclosures

[See 8/17/83 letter from Frank Berndt to Kevin C. Graves]

HONEST INTERNATIONAL CORP.

Ref. 58114

February 27, 1985

Re: Federal Motor Vehicle Safety Standards Child Restraint Seat

Dear Mr. Radovich:

We are trying to import Japanese Child Restraint Seat to the local market. The product has been tested at Japanese laboratory and met the Japanese Vehicle Safety Standards.

Our questions are:

1. May a Japanese Test report or certificate duly notarized at the U.S. Embassy in Japan be served as approval of Federal Motor Vehicle Safety Standards?

2. If another U.S. laboratory test is required, please advice us the name and locations of such laboratories.

Thank you very much for your attention, and looking forward to hear from you soon.

Very truly yours, Honest International Corp. Beatrice Ho BH:cy