Interpretation ID: 77-5.11

TYPE: INTERPRETATION-NHTSA

DATE: 12/21/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: J. Herbert Newport Jr.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of November 14, 1977, informing us of your plan to ship the chassis of a 1968 Cadillac to England to have a body built upon it and returned to the United States for completion. You would like "to know all necessary procedures to accomplish this with the least trouble."

When the assembled vehicle is returned to the United States, at the port of entry the importer will be asked to sign a declaration (Form HS-7) of the vehicle's status with respect to the Federal motor vehicle safety standards. The vehicle that you wish to manufacture will be regarded as a "1968 Cadillac" since it will incorporate the chassis and running gear of the older vehicle. Whether it is subject to the Federal motor vehicle safety standards depends upon whether the original Cadillac was manufactured before or after January 1, 1968. If the vehicle was manufactured before that date the importer should check Box 1 on the HS-7 form, a declaration that the vehicle was manufactured before the effective date of any standards applicable to it. Since the HS-7 form must include the vehicle chassis and engine serial numbers, the declaration will be subject to eventual verification by this agency. In the meantime, the execution of the form is all that is required by this agency for clearance of the vehicle, quite a simple procedure.

If the original vehicle was manufactured after January 1, 1968, there should be a certification plate on the firewall or driver's door stating that it complies with all applicable Federal safety standards. The reconstructed vehicle is also required to meet 1968 standards to be readmitted to the United States. If compliance with these standards is effected before return of the vehicle from England, and the vehicle bears a plate on the driver's door so certifying, the importer will have no further obligation to this agency. If compliance will not be achieved until after the vehicle's return to the United States, the importer must check Box 3 on the HS-7 form which requires him to execute a bond for the production of a statement within 90 days of entry that the car has been brought into compliance with the standards. For further information on the 1968 standards and import procedures you may call Robert Aubuchon of our Customs Unit (202) 426-1693.

For local licensing requirements you will have to consult the authorities in the jurisdiction in which the vehicle will be registered.

SINCERELY,

J. Herbert Newport Jr. designer and builder of Custom Bodie

November 14, 1977 Chief Council National Highway Traffic Safety Administrator I am building a special automobile for a customer, using a 1968 Cadillac chassis which has been rebuilt to the size and appearance of a 1935 Duesenberg. All running Parts, however, are 1968 Cadillac.

I am planning to ship this chassis to England and have a body built on it, and return it to the United States for final completion.

I would like to know all necessary proceedures to accomplish this with the least trouble, and the assurance that everything will be legal. I also need a certificate, letter, affidavit, or similar document that will assure me of smooth passage thru the Customs, both ways, the federal automobile regulations, the states police, and the license beaureau, etc.

Will you please advise as to what additional information you will need to eliminate any possibility of running into trouble.

Thank you for your attention as soon as is convenient, I hope to be able to ship as soon as the dock strike is over.