Interpretation ID: 86-4.12

TYPE: INTERPRETATION-NHTSA

DATE: 07/11/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: FRANCISCO DEE TAN -- PRESIDENT FRG INDUSTRIAL CORPORATION

TITLE: NONE

TEXT: Dear Mr. Tan:

This is in reply to your letter of April 15, 1986, asking for our approval of different types of rear stop lamps you wish to import.

The lighting devices depicted in the brochures that you enclosed are not intended as original or replacement motor vehicle equipment, and therefore are not coverd by Federal Motor Vehicle Safety Standards No. 108, Lamps, Reflective Devices, and Associated Equipment. If you are required to execute a Form HS-7 at the time of entry, the proper declaration is that provided by Box 1: the equipment was manufactured on a date when no Federal standards applied to it. In any event, this agency has no authority to approve or disapprove items of motor vehicle equipment since the National Traffic and Motor Vehicle Safety Act provides for self-certification by manufacturers of their products subject to Federal standards.

In the absence of Federal requirements, whether the devices you wish to import are legal for installation and use would be determinable under the laws of the individual States where the devices will be sold and installed.

I hope that this answers your question.

Sincerely