Interpretation ID: nht91-7.32

DATE: December 5, 1991

FROM: John H. Heinrich -- District Director, U.S. Customs Service, Department of Treasury; Kathleen M. Tobin -- Acting Director, Fines, Penalties & Forfeitures, U.S. Customs Service, DOT; Signature illegible

TO: Office of Chief Counsel, DOT

TITLE: None

ATTACHMT: Attached to letter dated 1/9/92 from Paul Jackson Rice to John H. Heinrich (A39; Std. 211)

TEXT:

Enclosed find a petition for relief from the forfeiture of 200 Spinner Wheel Nuts seized by this service on October 8, 1991 as violative of Title 49, Code of Federal Regulations, Part 571.211.

While thememorandum of November 13, 1991 from the importer to his broker and the broker's November 18, 1991 petition stress safety considerations and the need to "replace" worn parts, the importer's own parts list (page 26) refers to:

"....conversion kits...designed to CONVERT your disc wheeled TD or TF to wire wheels...These kits enhance the appearance of any TD and are identical to the original factory OPTION for the TF" (underlines added).

The petitioner expresses the opinion that these "imported spinners" should be exempt from any general DOT safety regulation.

Please provide us with your recommendation within 30 days.