Interpretation ID: 2413y
c/o U.N.D.P.
B.P. 2183
Libreville
Gabon
Dear Mr. Greenish:
Your letter of February 19, 1990, to the Department has been referred to this Office for reply. You are contemplating buying a car in Europe and importing it when you return to the United States in July. You have in mind the BMW 324d and the Honda Accord 1.6 LX, and ask for information "as to how these cars rate as to motor vehicle safety standards."
BMW does not offer the 324d for sale in the United States, and we assume that the Honda you mentioned was also produced for the European market. This means that these vehicles are not certified as complying with all applicable Federal motor vehicle safety, bumper, and theft prevention standards. Because of the difficulties you would entail in attempting to import an uncertified vehicle, we recommend that you purchase a vehicle certified by its original manufacturer for the American market. As you know, many European manufacturers have a factory delivery program for U.S. tourists. That way you can ensure that your car meets 100% of Federal requirements.
If you nevertheless wish to pursue the idea of buying and importing a passenger car not certified by its original manufacturer to meet the Federal motor vehicle safety standards, you should be aware of some recent changes in law. Because of new regulations which were mandated by Congress and became effective January 31, l990, such a vehicle may not be imported unless the National Highway Traffic Safety Administration has determined that that specific model and model year is capable of conversion to meet the standards. Importation of the vehicle is also subject to the requirement that it be imported either by a person who has been approved by this agency as a Registered Importer and will be responsible for converting the vehicle to meet the standards, or by a person who has a contract with a Registered Importer. In either instance, a bond in an amount equal to l50% of the entered value of the vehicle as determined by the U.S. Customs Service must be given to ensure performance of the conversion work. We anticipate that the effect of these stringent regulations will be to convince many prospective importers not to buy vehicles intended for markets other than the United States.
Sincerely,
Stephen P. Wood Acting Chief Counsel
ref:59l d:4/25/90