Interpretation ID: 21293.ztv

Mr. Randy Thomas
Vice President, Marketing
Westward Industries Ltd.
P.O. Box 1288
Portage la Prairie
Manitoba
Canada

Dear Mr. Thomas:

This is in reply to your fax of February 25, 2000, to Taylor Vinson of this Office, with respect to a vehicle that you would like to export to the United States.

The vehicle is the Daewoo Labo, "a small truck from Korea," which you would modify by installing a governor limiting its speed to 40 km/h (25 mph), "as well as installing turf tires and hydraulics for a dump box which we manufacture here." You state that the truck is similar to the Metro Motors "Microtruck" and Cushman's "White" truck, and will be used "for the same utility purposes." You inform us that the truck "would be sold only for off road applications."

According to your letter, "Transport Canada would like to see an indication of your approval of the import of this vehicle in order to complete their own documentation." From the few facts you have provided, we believe that the unmodified vehicle you would import into Canada would be a "truck" were it to be imported into the United States, and would be required to meet the Federal motor vehicle safety standards that apply to trucks. The question to be decided from our standpoint is whether your intended modifications in Canada would be sufficient to support a determination that the Labo, when imported into the United States, has been transformed from a vehicle manufactured for use primarily on the public roads (a truck) to one that has not been manufactured primarily for such use, and therefore a vehicle that may be imported without the need to meet U.S. Federal requirements.

Your assurances that the modified Labo will be sold only for off road applications are not dispositive of this issue. There appears to be no reasons why a purchaser could not obtain a license for on-road use of the truck. Further, the planned modifications are also insufficient for us to conclude that the Labo is no longer a motor vehicle. Neither the modified speed limit nor the addition of turf tires are inconsistent with a conclusion that this vehicle remains a "truck."

We are not familiar with Metro Motors' "Microtruck," but it could be one of the small trucks that the company asked us about some time ago, and which we decided were not "motor vehicles." In cases that are not clear cut, we apply five factors in reaching a determination. Metro Motors had provided us with sufficient information that allowed us to apply the five factors to its situation and to reach the conclusion that its vehicles were not manufactured primarily for on road use. I enclose a copy of our letter of January 5, 1999, to William Sanford of Metro Motors so that you may understand the factors that were involved in our decision. If you wish to write us again, applying the five factors to your plans for the Labo, we would be willing to reconsider the decision of this letter that the modified Labo is a truck and cannot be imported into the United States unless it conforms to all Federal motor vehicle safety standards that apply to trucks, and bears the manufacturer's certification of compliance.

If you have any questions, you may phone Taylor Vinson again (202-366-5263).

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosure
ref:571
d.3/27/00