Interpretation ID: 77-2.40

TYPE: INTERPRETATION-NHTSA

DATE: 05/25/77

FROM: FRANCIS ARMSTRONG -- NHTSA DIRECTOR OFFICE OF STANDARDS ENFORCEMENT MOTOR VEHICLE PROGRAMS

TO: TOM SCHOFIELD -- A. N. DERINGER & CO.

TITLE: NONE

TEXT: Dear Mr. Schofield:

This is in response to your recent inquiry concerning the importation of motor vehicles for resale. Such importation makes you a "manufacturer" under the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) (15 USC 1381 et seq.) and subject to the regulations listed as items two through ten on the last page of this letter.

As a general rule, under section 108(a)(1)(A) of the Act, all motor vehicles, new or used, manufactured on or after January 1, 1968, must conform to all applicable Federal Motor Vehicle Safety Standards (FMVSS) in order to be imported into the United States. The regulation governing the importation of motor vehicles is Title 19, Code of Federal Regulations, Part 12.80 (19 CFR 12.80).

If you import a vehicle not certified by the original manufacturer, you must submit within 90 days of the entry a compliance statement to substantiate that the vehicle has been brought into conformity. Your statement must identify the manufacturer, contractor, or other person who has brought the vehicle into conformity, and must describe in exact detail the nature and extent of the work performed. Failure to substantiate that the vehicle has been brought into conformity or sale of the vehicle before release of bond, renders you liable for imposition of civil penalty of up to $ 1,000 per vehicle and/or assessment of liquidated damages in the amount of the value of the bond required by 19 CFR 12.80(c).

Section 114 (15 USC 1403) of the Act and Title 49, Code of Federal Regulations, Part 567 (49 CFR 567), require that manufacturers permanently affix a tag or label to a motor vehicle certifying that it conforms to all applicable FMVSS. Prior to your sale of a vehicle, you as the "manufacturer" are also required to certify conformance with all applicable FMVSS by permanently affixing the certification label specified, see 567.2(b) and 567.4(g)(1). This label shall be affixed at the time of submission of your compliance statement.

If you determine in good faith that any vehicle imported and sold by you does not conform with any of the applicable FMVSS or contains a safety-related defect, section 151 (15 USC 1411) of the Act requires that you furnish notification to the Secretary and to owners in accordance with section 153 (15 USC 1413) and to remedy without cost the failure to conform or defect in accordance with section 154 (15 USC 1414).

Since in all probability the trucks referenced in your conversation with Mr. Robert W. Aubuchon, a member of my staff, fall into the classification of vehicles manufactured in two or more stages, we are enclosing a copy of 49 CFR 568.

As requested the points of contact for certification matters in the companies you referenced are:

Mr. J. C. Eckhold Director, Auto Safety Office Ford Motor Co. The American Road Dearborn, Michigan 48121

Mr. David E. Martin Manager, Auto Safety Engineering Dept. Environmental Activities Staff General Motors Technical Center Warren, Michigan 48090

Mr. L. W. Moore Manager, Reliability and Warranty International Harvester Co. P.O. Box 1109 Fort Wayne, Indiana 46801

Mr. James W. Lawrence Manager, Safety and Environmental Engineering Truck Group White Motor Corp. P.O. Box 91500 Cleveland, Ohio 44101

You should also note that under 49 CFR 566 you are required to submit certain identifying information and a description of your product to the Administrator, National Highway Traffic Safety Administration.

It should also be noted that before offering a motor vehicle or item of motor vehicle equipment for importation into the United States, a foreign manufacturer is required to register an "Agent-for-Service" of process as set forth in 49 CFR 551.45 and to furnish the information required by 49 CFR 566.

Federal regulations concerning anti-pollution emission control devices are not the responsibility of the Department of Transportation. For guidance in this area it is suggested that you write the Environmental Protection Agency, Director, Mobile Source Enforcement Division, 401 M Street, S.W., Washington, D.C. 20460

You are advised to carefully examine the Act, Importation Regulations, and FMVSS as well as other regulations listed below to insure that you fully understand the extent of the responsibilities you incur upon the importation of a motor vehicle for resale. Enclosed for your information and guidance is a copy of the following:

1. The National Traffic and Motor Vehicle Safety Act of 1966 (15 USC 1381 et seq.)

2. 49 CFR 551, "Procedural Rules"

3. 49 CFR 566, "Manufacturer Identification"

4. 49 CFR 567, "Certification"

5. 49 CFR 571, "Federal Motor Vehicle Safety Standards"

6. 49 CFR 574, "Tire Identification and Recordkeeping"

7. 49 CFR 575, "Consumer Information"

8. 49 CFR 577, "Defect Notification"

9. 49 CFR 580, "Odometer Disclosure Requirements"

10. 19 CFR 12.80, "Importation Regulations"

11. Where to Obtain Motor Vehicle Safety Standards and Regulations

12. Form HS-189, "General Requirements of FMVSS"

Should you have other questions, please contact Mr. Robert Aubuchon, a member of my staff, telephone number 202-426-1693.

13. ENCLOSURES

Sincerely,