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Interpretation ID: GF002595

    Ms. Nancy Liu
    Qingdao Sunsong Co., Ltd.
    Wangtai Lingang Industrial Park,
    Jiaonan, Qingdao
    266425
    CHINA
    Attn: Mr. Yanlin Yang


    Dear Ms. Liu:

    This responds to your e-mail to George Feygin of my staff regarding the labeling requirements for brake hoses and brake hose assemblies found in S5.2.2(b) and S5.2.4(b) of Federal Motor Vehicle Safety Standard (FMVSS) No. 106; Brake Hoses. Specifically you state that you have filed a manufacturers designation "SUNSUNG" with the National Highway Traffic Safety Administration (NHTSA), as required by S5.2.2(b). You ask whether you may use the same designation to label brake hose assemblies as required by S5.2.4(b). Additionally, you ask whether a manufacturer needs to provide samples for agency testing. The issues raised by your letter are addressed below.

    By way of background, NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements. Accordingly, a manufacturer need not provide the agency with brake hose samples for testing. Instead, the manufacturer is responsible for self-certifying its product. If the agency decides to test the brake hose or brake hose assemblies manufactured by your company, the agency will purchase samples of your product on the open market.

    With respect to brake hose and brake hose assembly labeling, we note that S5.2.2(b) requires that each manufacturer mark the brake hose with, among other things, a designation filed with NHTSA. Similarly, S5.2.4(b) also requires that each manufacturer mark the brake hose assembly with, among other things, a designation filed with NHTSA. A manufacturer can use the same designation for both sets of requirements. Because you already filed a manufacturers designation "SUNSUNG" under S5.2.2(b), you need not file a separate designation under S5.2.4(b).

    In addition, I would like to direct your attention to the following two requirements:

    1. Under the requirements of 49 CFR Part 566 (a copy of which is enclosed), each manufacturer of motor vehicle equipment to which a motor vehicle safety standard applies must submit to NHTSA certain identifying information and a description of the items they produce. Specifically, a manufacturer must indicate: (a) the full individual, partnership, or corporate name of the manufacturer; (b) the residence address of the manufacturer and state of incorporation, if applicable; and (c) a general description of the equipment produced.

    2. Under the requirements of 49 CFR 551.45 (a copy of which is enclosed), each foreign manufacturer of motor vehicle equipment must designate a permanent resident of the United States as its agent for service of process and file this designation with NHTSA.

    For your reference, I also enclose an information package for new equipment manufacturers. I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosures
    ref:106
    d.5/4/04