Interpretation ID: nht91-3.10
DATE: April 4, 1991
FROM: Paul Jackson Rice -- Chief Counsel, NHTSA
TO: DS America, Inc.; Attn: Messrs. Riani and Mitchell
TITLE: None
ATTACHMT: Attached to letter dated 3-6-90 from Anthony Riani and David Mitchell to To Whom it May Concern (OCC 5841)
TEXT:
This responds to your letter of March 6, "1990" with respect to your interest in importing for resale Volkswagen Beetles manufactured in Mexico. You've asked for information on "all relevant requirements for cars being imported to the United States."
A motor vehicle must conform with all applicable Federal motor vehicle safety standards (FMVSS) in order to be imported permanently into the United States. The authority for this requirement is The National Traffic and Motor Vehicle Safety Act of 1966, as amended by the Imported Vehicle Safety Compliance Act of 1988, which became effective January 31, 1990. I enclose a copy of the 1966 Act for your information; the amendments effectuated by the 1988 Act are found at section 108 (1397), subsections (c) through (j).
In brief, a nonconforming motor vehicle may not be imported into the United States unless the Admininstrator of the National Highway Traffic Safety Administration (NHTSA) has determined that the vehicle complies or is capable of conformance to the FMVSS. Determinations are made pursuant to petitions received from manufacturers or registered importers. A "registered importer" is one that NHTSA has officially recognized as capable of performing the conformance work. After an affirmative determination, the vehicle may be imported by the registered importer, or by any other person who has a contract with the registered importer to perform the conversion work. Certain performance bonds and fees payable to the government have been established. I enclose a copy of the most current list of registered importers. For the text of the FMVSS and other agency regulations, you may contact the outlet of the Government Printing Office closest to you, and obtain "Title 49 Code of Federal Regulations Parts 400-999 Effective October 1, 1990". NHTSA regulations are parts 501-594 inclusive. You will be particularly interested in Parts 571 (the FMVSS), 591 (import regulation), 592 (registered importer requirements), 593 (vehicle eligibility determinations), and 594 (fees).
The Administrator has made no determination with respect to the conformance capability of Mexican Beetles with the FMVSS. If you wish to petition for such a determination, you must either become a registered importer or contract with one to act in your behalf. NHTSA would be especially concerned about the capability of Beetles manufactured on and after September 1, 1989, to be conformed to meet the automatic restraint requirements of FMVSS No. 208 (49 CFR 571.208), Occupant Restraint Systems.
You have asked for any information the Department may have about conformance problems. During the mid-1980s, Mexican Beetles were imported
for resale by commercial enterprises in Texas and California. The Texas enterprise was able to satisfy the importation requirements that were effective before the stringent amendments of the 1988 Act. The California enterprise was unable to meet our requirements. We do not view the Texas experience in conversion of vehicles as particularly relevant today in light of the extensive changes made by the 1988 Act.
Finally, you have asked whether "documentation by Volkswagon of Mexico certifying these crash requirements can replace a crash tested vehicle or vehicles." Under our regulations, the registered importer must certify that the converted vehicle conforms to all applicable FMVSS, and, with the initial vehicle, provide NHTSA with documents in substantation. Certainly, if Volkswagen de Mexico had conducted successful barrier impact tests exactly in the manner set forth in the FMVSS, the test results would appear to afford a basis upon which the registered importer could certify compliance. But because conformance modifications could alter vehicle structure or weight, and hence potentially affect the test results previously obtained, your question cannot be answered simply yes or no. However, a registered importer is not legally obliged to conduct a crash test to demonstrate conformance, but could verify that the converted Mexican Beetles continue to conform with the Mexican test results through the use of computer simulations, engineering studies, or mathematical calculations.
If you have further questions, we shall be pleased to consider them.
Attachment
Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment dated September 1985. (Text omitted)
Attachment
U.S. Department of Transportation
NHTSA
FISCAL YEAR 1991 REGISTERED IMPORTERS OF NON-CONFORMING MOTOR VEHICLES 49 CFR PART 592
The following firms have been approved as Registered Importers of non-conforming motor vehicles under the provisions of Title 49, Code of Federal Regulations, Part 592, for the fiscal year ending September 30, 1991. Additional applications have been received, and if there are further approvals, this list will be updated. The agency does not endorse or recommend any firm listed herein, and does not guarantee or imply that any work or service performed for any individual customer will necessarily be satisfactory.
REGISTERED IMPORTER ADDRESS TELEPHONE
A. Eastern United States
Bonair USA 500 Hollister Rd. 201-288-5333 Teterboro, NJ 07608
Champagne Imports of 200 West 5th St. 215-361-1304 Pennsylvania Lansdale, PA 19446
ICI International 4490 35th Street 407-839-3663 Orlando, FL 32811
J.K. Motors P.O. Box 178 301-366-6332 Kingsville, MD 21087
Liphardt & Associates 15 Trade Zone Dr. 516-588-8288 Ronkonkoma, NY 11779
B. Western United States
Europa International 1570 B-2 Pacheco St. 505-984-8888 Santa Fe, NM 87501
G&K Automotive 1061 N. Grove St. 714-632-8100 Conversion Anaheim, CA 92806
Wallace Environmental 2140 Wirtcrest 713-956-7705 Testing Laboratories Houston, TX 77055
(Revised Jan. 18, 1991)
cc: US Customs Service, Washington, DC Environmental Protection Agency Department of the Army, DALO-TSP