Interpretation ID: 2841o
House of Representatives
Washington, D.C. 20515
Dear Mr. Bruce:
I have been asked to respond to the letter which you wrote, on behalf of Mid America Design, Inc., to Mr. Daniel C. Holland, the District Director for the United States Customs Service in Seattle, Washington. That company attempted to import a shipment of "spinner hubcaps" from Taiwan. These hubcaps were seized by the U.S. Customs Service for failing to conform with the requirements of Federal Motor Vehicle Safety Standard No. 211, Wheel Nuts, Wheel Discs, and Hubcaps (49 CFR 571.211). In your letter to Mr. Holland, you asked to be furnished with an official statement that "spinner hubcaps" do not comply with Standard No. 211, and asked why these imported "spinner hubcaps" are treated differently from those currently available in this country. I am pleased to have this opportunity to explain our regulations to you.
I have enclosed copies of my May 13, 1987 letter to the Honorable William E. Dannemeyer and my November 13, 1987 letter to Mr. William J. Maloney. In these letters, I reaffirmed our interpretations from the past 20 years stating that spinner hub caps do not comply with the requirements of Standard No. 211, and have not complied with that Standard since it became effective on January 1, 1968. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act [15 U.S.C. 1397(a)(1)(A)] makes it illegal to "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any hub caps that do not comply with Standard No. 211 (Emphasis added). Therefore, the U.S. Customs Service was enforcing the law properly when it seized the spinner hubcaps Mid America sought to import.
You also stated in your letter that spinner hubcaps are currently available in the United States, and enclosed some advertisements offering spinner hubcaps for sale. I would like to thank you for bringing this matter to our attention. We have referred this information to our enforcement staff for appropriate action.
I hope this information is helpful. If you have any further questions or need more information, please do not hesitate to contact me.
Sincerely,
Erika Z. Jones Chief Counsel
Enclosures
ref:211 d:3/16/88