Interpretation ID: 3244yy
Post Office Box 153
Finleyville, PA 15332
Re: United States Customs Service File No. 866522R
Dear Mr. Watson:
This responds to your request for my opinion of whether a particular vehicle, an e-tant manufactured in Thailand by P.S.N, that you wish to import into the United States for your own use as a "farm vehicle," would be considered a "motor vehicle" for the purposes of the National Traffic and Motor Vehicle Safety Act (Safety Act). According to materials you submitted, the e-tant has the appearance of a small flat bed truck. However, since it has a small 11.5 horsepower engine, you believe its top speed would be under 20 mph. You believe that the e-tant should be classified as a "farm vehicle," explaining that you disagree with the U.S. Customs Service classification (NY ruling 866522 dated September 11, 1991) of the e-tant as a motor vehicle. You further explained that the e-tant is generally used as a farm vehicle in Thailand. Based on the information provided in your letter, it is our opinion that the e-tant would be a motor vehicle under the Safety Act.
Section 102(3) of the Safety Act (15 U.S.C. 1391(3)) defines a "motor vehicle" as
any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.
NHTSA has interpreted this language as follows. Vehicles that are equipped with tracks or are otherwise incapable of highway travel are plainly not motor vehicles. Further, vehicles designed and sold solely for off-road use (e.g., airport runway vehicles and underground mining devices) are not considered motor vehicles, even though they may be operationally capable of highway travel.
On the other hand, vehicles that use the public highways on a necessary and recurring basis are motor vehicles. For instance, a utility vehicle like the Jeep is plainly a motor vehicle, even though it is equipped with special features to permit off-road operation. If a vehicle's greatest use will be off-road, but it will spend a substantial amount of time on-road, then NHTSA has interpreted the vehicle to be a "motor vehicle." This finding was made with respect to dune buggies, notwithstanding the manufacturers' statements that the vehicles were not intended to be used on the public roads.
NHTSA has also stated in many prior interpretations that even vehicles that will regularly be used on the public roads will not be considered "motor vehicles" for purposes of the Safety Act, if the vehicles have an abnormal body configuration that readily distinguishes them from other highway vehicles and a maximum speed of 20 mph or less.
Your vehicle is not easily classified under any of these groupings. In such circumstances, we are sometimes able to evaluate factors related to how manufacturers/dealers will advertise, market, and service a particular vehicle in the United States. However, these factors are not relevant where a person is importing a single vehicle for his or her own use. I also note that an individual owner's planned use for a vehicle being imported is not determinative of whether the vehicle is a motor vehicle.
We believe that the relevant factors concerning whether the e-tant is considered a motor vehicle are as follows. First, the e-tant has a body configuration similar to a standard truck. Moreover, in the country where it is manufactured for sale, your letter indicates that the vehicle is used on rural highways to carry crops to market in nearby towns and for visiting friends. In addition, since the e-tant closely resembles a standard small truck, it is likely that states would register it for use on the public highways. The only factor you have identified which suggests that the e-tant should not be considered a motor vehicle is its slow speed, which you believe would be under 20 mph. However, NHTSA does not consider slow speed to be a sufficient factor by itself to take a vehicle which otherwise would be considered a motor vehicle outside of that category. Therefore, after considering all of these factors, it is our opinion that the e-tant would be considered a motor vehicle.
If you have any further questions or need additional information, please contact Marvin Shaw of my staff at this address.
Sincerely,
Paul Jackson Rice Chief Counsel cc: Area Director of Customs New York Seaport New York, NY 10048
Office of Regulations and Rulings U.S. Customs Service Headquarters 1301 Constitution Avenue, N.W. Washington, D.C. 20229 /ref:VSA#571 d:l2/l0/90l