Interpretation ID: nht89-2.18

TYPE: INTERPRETATION-NHTSA

DATE: 06/22/89

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: P.H. MOES -- PRESIDENT U.S. TRADE CORP.

TITLE: NONE

ATTACHMT: LETTER DATED 04/27/88 FROM P.H. MOES TO NHTSA RE INTERPRETATION CAFE REGULATIONS, OBLIGATIONS AND RESPONSIBILITIES; OCC 3479

TEXT: Dear Mr. Moes:

This is in response to your letter of April 27, 1989, requesting as interpretation of your company's obligations and responsibilities when importing and converting motor vehicles for use in the United States. Specifically, you asked about the effects of the differing practices of the Department of Transportation (DOT) and Environmental Protection Agency (EPA) with respect to indicating the importer of record on their respective import forms, form HS-7 and form 3250-1. You also asked about your obligat ions for annual CAFE reporting.

Your understanding that the vehicle owner is normally shown as the importer of record on DOT form HS-7 is correct. EPA, on the other hand, requires that for purposes of certification under EPA from 3520-1, an independent commercial importer (ICI) regist ered with EPA must be shown as the importer of record. You indicated that these two different designations of the importer of record have caused confusion in your dealings with U.S. Customs officials. You state that those officials have sometimes requi red customs brokers to list your company as the importer of record on the DOT forms as well as on the EPA form.

The Customs Service headquarters office has recognized that there has been some confusion in the past, but has indicated to NHTSA that it intends to clarify this matter with its field offices. You should thus instruct your brokers to continue to indicat e the vehicle's owner as the importer of record on the DOT importation declaration, form HS-7 and the checklist of conformance operations, form HS-189, if submitted.

With respect to CAFE reporting, section 501(9) of the Motor Vehicle Information and Cost Savings Act, (MVICSA, 15 USC 1901 et seq.) defines the term "manufacture" as meaning "... to produce or assemble in the customs territory of the United States, or to import" (emphasis added). Thus, under MVICSA, an importer is clearly a manufacturer for purposes of

CAFE requirements. Section 502 of MVICSA requires all manufacturers to comply with the CAFE standards for their vehicles, and section 505 sets out CAFE reporting requirements for such manufacturers. (See also, 49 CFR @ 537.5). As with the National Traffic and Motor Vehicle Safety Act (15 USC 1391 et seq.), it is the importer of record, as shown on form HS-7, who must comply with these reporting requirements. Your firm, however, may be required to report fuel economy data to EPA. See, 40 CFR @@ 85.1510(f), 600.312-86.)

I hope you have found this information helpful.

Sincerely,