Interpretation ID: aiam5078
Washington 98230;
"Dear Mr. Klamp: This responds to your letter of October 28, 1992, wit respect to problems encountered by your wife in her use of a 1992 Canadian Ford Tempo passenger car. Your letter indicates that your wife works in Canada, and uses the Ford, a company car owned by her employer, to travel to and from her home in the United States. Because the vehicle is not certified as meeting the U.S. Federal motor vehicle safety standards, she has been informed by U.S. Customs officials at the border that it may not be admitted in the future without going through the formal entry process for conversion to the U.S. standards. You have asked for our consideration of this matter. The National Traffic and Motor Vehicle Safety Act prohibits the importation into the United States of motor vehicles that do not conform, and that are not certified by their manufacturers to conform, to all applicable U.S. Federal motor vehicle safety standards. As a legal matter, each time the Ford crosses the border from British Columbia to Washington, it is being imported into this country. It has been the policy of this agency for many years to regard Canadian and Mexican-registered vehicles engaged in daily cross-border traffic as subject to the importation prohibitions of the Act, and to require their compliance with the U.S. Federal motor vehicle safety standards. This is the reason why your wife is encountering difficulties at the border. We have several suggestions. If the Ford is equipped with automatic occupant protection such as an air bag or automatic belts, it may, in fact, comply with all the U.S. standards. If this is the case, then Ford of Canada may be willing to provide your wife with a letter certifying its compliance to the U.S. standards which she could present at the border. Customs should honor such a letter, and allow the vehicle to proceed with no further delay. If this is not the case, perhaps her employer could provide her with a Canadian-manufactured car that does meet, and is certified as meeting, the U.S. standards. Otherwise, your wife may have to use a U.S.-registered and certified vehicle and seek reimbursement for travel expenses from her Canadian employer. Sincerely, Paul Jackson Rice Chief Counsel";