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Interpretation ID: 21915.drn


    Mr. Karl-Heinz Ziwica
    General Manager, Environmental Engineering
    BMW of North America, Inc.
    BMW Plaza
    Montvale, NJ 07645


    Dear Mr. Ziwica:

    This responds to your letter dated December 3, 1999, concerning the use by BMW of North America, Inc. (BMWNA) of a particular world manufacturer identifier (WMI) in the Vehicle Identification Numbers (VIN) for BMW motor vehicles manufactured at your "Manufacturing Plant Number 10 in Greer, South Carolina ('Greer')." I apologize for the delay in responding. This letter addresses only WMI and VIN requirements for BMW motor vehicles manufactured in this country for sale in the U.S.

    The National Highway Traffic Safety Administration (NHTSA) has established vehicle identification number (VIN) requirements for motor vehicle manufacturers at 49 CFR Part 565, Vehicle Identification Number Requirements. Part 565 specifies the format, content and physical requirements for a vehicle identification number system and its installation, to simplify the retrieval of vehicle identification information and to increase the accuracy and efficiency of vehicle recall campaigns. The first three characters of the seventeen-digit VIN comprise a grouping known as the "manufacturer identifier" or "world manufacturer identifier," which uniquely identifies each large manufacturer, and the make and type of each motor vehicle. Section 565.6(a) states that the characters "are assigned in accordance with 565.7(a)."

    Section 565.7(a) states that NHTSA has entered into a contract with the Society of Automotive Engineers (SAE) to coordinate the assignment of manufacturer identifiers. That paragraph also specifies: "Manufacturers may request a specific identifier or may request only assignment of an identifier(s). SAE will review requests for specific identifiers to determine that they do not conflict with an identifier already assigned or block of identifiers already reserved. SAE will confirm the assignments in writing to the requester. . . ."

    BMW is using identifiers "WBA" and "WBS" for its vehicles manufactured in Greer, South Carolina, which have not been assigned by SAE under 565.7(a) nor confirmed by it as being assigned to your company. (1) You state that the identifiers were assigned by the "Kraftfahrt Bundesamt, the national organization responsible for WMI assignment in Germany." Apparently WBA and WBS identify "BMW Germany" as the manufacturer. You state that BMW Germany assigns the VIN of each of vehicle manufactured at each of its manufacturing sites, including Greer.

    We appreciate that Kraftfahrt Bundesamt has a role similar to ours in the assignment of WMIs. However, we cannot agree that a VIN using a WMI assigned by that organization complies with 565.7(a). The VINs of the vehicles produced at Greer have to bear WMIs that have been assigned or approved by NHTSA (i.e., by our contractor, SAE), as specified in 565.7(a). Our regulations do not permit Kraftfahrt Bundesamt to assign WMIs for the motor vehicles at issue. See 49 CFR 565.2.

    There is good reason for this. The assignment of WMIs has to be well coordinated in order to establish an effective vehicle identification program. NHTSA must have an accurate record of the WMIs that have been assigned to each manufacturer in order, among other things, to identify vehicles for our safety recall and theft prevention programs. VINs are also compiled in a database that is used by local and state police forces to identify stolen vehicles. Coordination of assignment of WMIs by NHTSA ensures that WMIs uniquely identify manufacturers and that they do not engender confusion as to the identity of a manufacturer. The effectiveness of recall, theft- and other crime-prevention programs would be reduced if we permitted manufacturers to identify themselves with an identification that did not conform to our requirements.

    You believe that the WMIs comply with part 565 because paragraph (a) of 565.5, Motor vehicles imported into the United States, states "Importers shall utilize the VIN assigned by the original manufacturer of the motor vehicle." This section does not apply to the situation at hand. Because the vehicles manufactured at Greer are manufactured in the U.S. and sold in the U.S., the vehicles are not considered imported for purposes of 565.5. You state that because the Greer assembly plant is in a foreign trade zone, BMWNA is required to enter the motor vehicles manufactured at that facility into the United States in accordance with 49 CFR 591.5, Declarations required for importation. This statement is incorrect. Section 591.5 specifies the contents of the declaration that a motor vehicle importer must file at the time that a motor vehicle is imported into the United States. NHTSA has previously stated that because foreign trade zones are established solely for the administration of the customs laws of the United States, they have no applicability to NHTSA's importation regulations at 49 CFR Part 591, which are not customs laws because they are administered solely by NHTSA. This was addressed in our interpretive letter to Richard A. Kulics, Esquire, dated February 22, 1990 (copy enclosed), which has been readily available on the NHTSA Website. Moreover, because a vehicle manufactured in a foreign trade zone within the boundaries of the United States is manufactured in the United States, there is no need for an importation declaration to be filed when the vehicle leaves the foreign trade zone.

    Please take immediate action to coordinate with SAE as to the WMI you will use on vehicles manufactured at the Greer plant. For information from the SAE on the WMIs, you may contact Ms. Douds at (724) 772-8511. If you have questions concerning this letter, please contact Mr. Coleman Sachs of my office at (202) 366-5263. We would appreciate hearing from you within 15 days about your plans to conform your practices to 565.7(a).


    Sincerely,
    Frank Seales, Jr.
    Chief Counsel

    Enclosure

    cc: Ms. Cathy Douds
    WMI Coordinator
    Society of Automotive Engineers
    400 Commonwealth Avenue
    Warrendale, PA 15096

    ref:565
    d.11/3/00

    1. WBS and WBA do not meet the Society of Automotive Engineers' WMI format for US-manufactured vehicles (which is indicated by a first digit of 1, 4, or 5). SAE's WMI coordinator, Ms. Cathy Douds, has informed us that pursuant to BMWNA's request, SAE assigned the WMI "4US" in 1993 and"4UR" in 1995. Both WMIs identify the BMWNA plant location as Spartanburg, South Carolina.