Interpretation ID: nht69-2.28

DATE: 08/15/69

FROM: DOWELL H. ANDERS - ACTING CHIEF COUNSEL, NHTSA; SIGNATURE BY S. K. BOOTH

TO: Kawasaki Motors Corporation

TITLE: FMVSR INTERPRETATION

TEXT: This is in reference to your letter of July 28, 1969, in which you inquire whether a company that imports motorcycles, performing final assembly in regard to such items as fuel tanks and fenders, may designate itself as the manufacturer for the purpose of the certification regulations, 49 CFR Part 367.

You state in your letter that Kawasaki Heavy Industries, Ltd., the primary fabricator of the motorcycles, assembles the engine and basic frame, wheel and brake assemblies, handlebars, seat, and "some front lighting equipment". The purpose of the manufacturer's designation in the certification regulations is to identify the company that has primary technical responsibility for conformity of the design and quality control of the assembly. It is our opinion, on the basis of the facts presented in your letter, that Kawasaki Heavy Industries, Ltd. is the manufacturer of the motorcycles in question within the meaning of the National Traffic and Motor Vehicle Safety Act and the certification regulations.

You should note, however, that the certification and import regulations do not require that Kawasaki affix the label to the vehicles. The import regulations allow importation of uncertified vehicles in certain cases, such as those where the importer declares that he will bring them into conformity. 19 CFR @ 12.80(b)(2) (iii) and (iv). In regard to such cases, section 367.2(b) of the certification regulations states:

"In the case of imported motor vehicles, the requirement of affixing a label or tag applies to importers of vehicles, admitted to the United States under @ 12.80(b)(2) of the joint regulations for importation of motor vehicles and equipment (19 CFR 12.80(b)(2), to which the required label or tag is not affixed."

Section 367.4(g)(1) requires in such a case that the label affixed by the importer bear both the name of the manufacturer (Kawasaki) and the importer (McCormack). Thus, the net result is that the label affixed by McCormack must bear the name of Kawaski above that of McCormack. Alternatively, Kawaski could affix the label prior to importation, naming only itself as the manufacturer.

We are pleased to be of assistance.