Interpretation ID: 23947.ztv

Mr. Raymond Campanile
President/GM
Motorrad of North America
771 Fentress Blvd., Unit 22
Daytona Beach, FL 32114

Dear Mr. Campanile:

Thank you for your letter of January 21, 2002, responding to ours of January 10, asking for clarification of the relationship between Motorrad of Germany, Motorrad of North America, and CPI of Taiwan, as it affects the Moskito 125 for which you have filed a petition for temporary exemption.

As we now understand it, Motorrad of Germany has contracted with CPI to manufacture the Moskito, and the German company has tested the design for compliance with the U.S. Federal motor vehicle safety standards (FMVSS). Motorrad of Germany's certification of compliance with the FMVSS would be affixed by CPI and the vehicles shipped directly to Motorrad of North America.

Under 49 CFR 555.9 Temporary exemption labels, the certification label applied to an exempted vehicle "shall meet all applicable requirements of part 567 of this chapter" (Sec. 555.9(c)). Part 567 is the vehicle certification regulation. Section 567.4(g)(1) requires the certification label to state the name of the manufacturer of the vehicle, which is the name of the "actual assembler" of the vehicle. The actual assembler of the Moskito 125 is CPI, not Motorrad of Germany. Thus, under our regulations, CPI appears to be the entity that should petition for a temporary exemption of the Moskito 125 and certify its compliance with the FMVSS. Further, as the "manufacturer," CPI would share with the importer for resale, Motorrad of North America, the obligation to notify and remedy noncompliances and safety related defects that might occur in the Moskito 125. However, were the Moskito 125 to be shipped to the United States in complete but unassembled form and, after importation, assembled by Motorrad of North America, your company would be the "actual assembler" which, as the certifying manufacturer, could petition for a temporary exemption as you originally did.

There is another possibility. If CPI is controlled by Motorrad of Germany or Motorrad of North America, and the controlling company assumes responsibility for conformity with the FMVSS, the name of the controlling company may be used as the manufacturer on the certification label (Sec. 567.4(g)(1)(i)). In any event, we cannot proceed further with your petition until we have had your response to this letter.

We appreciate your providing a copy of Motorrad of Germany's designation of agent for service of process, dated May 1, 1997. Our Assistant Chief Counsel for General Law, Heidi Coleman, will write you shortly about its acceptability.

Sincerely,

John Womack
Acting Chief Counsel
ref:555#567