Interpretation ID: aiam0926
Managing Director
Intercontinental Equipment Corp.
5383 Overland Avenue
San Diego
CA 92123;
Dear Mr. Sharp: This is in reply to your letter of September 25, 1972. You hav enclosed a copy of a letter from Suzuki Motor Company, Ltd., dated September 14, 1972, in which it objects to the certification label that you propose to attach to Suzuki trucks imported by you for sale. The label shows Suzuki as the manufacturer and Intercontinental Equipment Corporation (IEC) as the importer of the trucks.; Suzuki bases its objection on the fact that: >>>'. . . the vehicles as manufactured by Suzuki does (sic) not confor to all applicable Federal Motor Vehicle Safety Standards *in effect on the date of manufacture*, and it will be misrepresentation by our company to make such statement.'<<<; Suzuki also comments 'the responsibility for compliance rests sorel (sic) on both IEC and Yachiyoda but this fact is not clearly shown on the label.'; This agency's position is that the certification scheme you hav described is an appropriate one for imported vehicles that have been modified after manufacture to conform to the standards.; We do not consider the certification label necessarily to be representation by the original manufacturer. The question of who is responsible for the correctness of the certification, and for conformity, must be decided on the facts of the individual case. In this case, the representation is by IEC, not Suzuki, and IEC is responsible for conformity of the vehicle.; Yours truly, Richard B. Dyson, Assistant Chief Counsel