Interpretation ID: nht93-7.55

DATE: November 5, 1993

FROM: Judith Jurin Semo -- Squire, Sanders & Dempsey

TO: John Womack, Esq. -- Acting Chief Counsel, NHTSA

TITLE: Re: Importation from Germany of Demilitarized, Russian-Built, Special Purpose Trucks: Request for Determination That Trucks Are Off-Road Vehicles Not Subject To DOT/NHTSA Safety Standards

ATTACHMT: Attached to letter dated 4/19/94 from John Womack to Judith Jurin Semo (A42; Part 591; VSA 102(3))

TEXT:

On behalf of our client, Agrinvest International, Inc., 8433 N. Black Canyon Highway, Suite 116, Phoenix, Arizona 85021 ("Agrinvest"), we are writing to request that the National Highway Traffic Safety Administration ("NHTSA") issue a determination that demilitarized, special purpose, Russian-built trucks (ZIL model 131) are off-road vehicles for purposes of 19 C.F.R. Section 12.80(b)(1)(viii), and therefore are exempt from federal motor vehicle safety standards.

FACTS

Agrinvest plans to import 573 ZIL model 131 trucks into the United States from Germany later this month. Agrinvest acquired two different types of ZIL model 131 trucks at an auction in Germany in early 1993. All of the vehicles are demilitarized trucks that were used by the former East German military and, following re-unification, were sold through auction by the German Government.

DESCRIPTION

Each ZIL truck purchased by Agrinvest is a six-wheel drive vehicle with an eight-cylinder, spark ignition, internal combustion, reciprocating piston engine. Agrinvest purchased two types of ZIL model 131 trucks. Of the 573 ZIL trucks being shipped to the United States, 183 are demilitarized spraying tank trucks ("tank trucks"). The remaining 390 ZIL trucks are former military battalion trucks with various equipment configurations. (*) The battalion trucks are similar to the tank trucks in the basic design of the vehicle, i.e., the cab, chassis, engine, drive train, etc. in the two types of vehicles are the same.

Each ZIL tank truck has a tank constructed from heavy gauge steel, a mechanical pump, a manual pump, wide beam spray nozzles and associated equipment. The tank trucks were built to spray water or neutralizing agents to detoxify or decontaminate areas which have been biologically, chemically, or radiologically contaminated. The U.S. Customs Service has ruled that the tank trucks are classifiable as special purpose vehicles under HTSUS 8705.90.00. A copy of the September 7, 1993 ruling letter from the U.S. Customs Service is enclosed.

The battalion trucks were manufactured approximately five to ten years ago for use by the Soviet military for telecommunications, radar, and other military support purposes. The radio, telecommunications, and radar equipment were disabled and the frequency-carrying pans dismounted under the supervision of the German Ministry of Defense prior to the trucks being sold at auction. We believe that the battalion trucks, like the tank trucks, are special purpose

vehicles and would be classifiable in HTSUS 8705.90.00. Agrinvest has requested a Customs ruling on the classification of the battalion trucks.

Last spring, Agrinvest obtained confirmation from the Bureau of Alcohol, Tobacco and Firearms ("BATF"), which issues permits for the permanent import of commodities listed on the U.S. Munitions Import List, that the ZIL water tank trucks do not require a BATF permit. A copy of that letter is enclosed. This month, Agrinvest requested similar confirmation from BATF for importation of the ZIL battalion trucks.

INTENDED USE

The ZIL tricks will be reconfigured, modified, and converted in the United States into special purpose, nonmilitary vehicles. After the ZIL trucks are converted and after the approval of the U.S. Department of Commerce is obtained, Agrinvest plans to export most of the trucks for use by civilian purchasers in Eastern Europe, Africa, and other overseas destinations where these types of vehicles are in service and where parts and services for the vehicles are available.

Agrinvest may enter samples of the ZIL vehicles into the United States to test the vehicles against Department of Transportation ("DOT")/NHTSA safety standards and Environmental Protection Agency ("EPA") emission standards. After such testing is completed, some ZIL vehicles may be modified to meet DOT/NHTSA and EPA standards in order to satisfy those buyers who require vehicles conforming to those standards. Any ZIL vehicles imported into the United States will comply with U.S. regulatory requirements. It is possible that, after the conversion is completed and the vehicles are brought into compliance with all requisite safety and emission standards, Agrinvest will import some of the vehicles for use in its orchard operation in Arizona.

ANALYSIS

Under 19 C.F.R. Section 12.80(b)(1)(viii), vehicles which were "not manufactured primarily for use on the public roads" are not considered to be motor vehicles as defined in Section 102 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. S 1391). Off-road vehicles are exempt from federal motor vehicle safety standards. We believe that the ZIL trucks are exempt from federal motor vehicle safety standards because the trucks were not manufactured primarily for use on the public roads.

VEHICLE FEATURES

The ZIL trucks were originally designed for military use on rugged terrain and in areas without roads. The trucks have self-inflatable tires which enable an operator to reinflate punctured tires while continuing to drive the vehicle. Moreover, these tires are very large, because they are designed to span gaps in the driving surface of 600 millimeters (approximately 23.6 inches) and to ford water over 1.4 meters high (approximately 55.1 inches). Such heavy duty, off-road capabilities show that the ZIL trucks were not designed primarily for use on public roads.

The ZIL trucks have a maximum permissible cruising speed of 70 kilometers/hour (approximately 42 miles per hour) and a maximum speed of only 80 kilometers/hour (approximately 48 miles per hour). The limited speed at which the trucks operate function as a practical restriction on their ability to be used on public roads; if they had been designed to be used primarily on the public roads, the trucks would operate at faster speeds. In addition, the trucks have a turning radius of 11.2 meters -- approximately 36.7 feet. This turning radius renders use of the trucks on public roads unwieldy and further illustrates that the trucks were not designed primarily for use on public roads.

Each of the ZIL tank trucks has a gross vehicle weight of 10,850 kilograms (approximately 23,900 pounds), which includes a payload of 2,700 liters and a driver and two passengers with a combined weight of 225 kilograms. Each of the ZIL battalion trucks has a gross vehicle weight of 10,185 kilograms (approximately 22,450 pounds), which includes a payload of 3,500 kilograms and a driver and two passengers with a combined weight of 225 kilograms. The trucks are 2,740 millimeters wide (approximately 97 inches). The dimensions and weight of the ZIL trucks indicate that they are slow, heavy, and wide vehicles, which are not practical for use on public roads.

CUSTOMS RULING

The U.S. Customs Service has ruled that, for Customs purposes, the ZIL tank tricks are classified as special purpose vehicles under HTSUS 8705.90.00. Agrinvest has requested that Customs issue a ruling on classification of the battalion trucks. The annotation to HTSUS Heading 8705 provides that "the primary purpose of a vehicle of this heading is NOT the transport of persons or goods" (emphasis in original). Although the Customs ruling on the tank trucks is not binding on NHTSA, it indicates that ZIL 131 trucks are not considered the type of vehicle that is primarily for use on public roads.

CONCLUSION

ZIL model 131 trucks are heavy, cumbersome vehicles, which were designed and built to be used on rough terrains. All of the ZIL 131 trucks will be reconfigured, modified, and converted in the United States. After the trucks are converted and the approval of the Department of Commerce is obtained, most of the ZIL trucks will be exported for use overseas in areas without good road systems. If Agrinvest can satisfy applicable regulatory requirements, it may use some of the trucks in its orchard operation in Arizona.

Photographs of the ZIL trucks and specifications for those trucks are enclosed with this request. Please call me at (202) 626-6606 if you have any questions or would like additional information in order to issue a ruling that the ZIL model 131 trucks are off-road vehicles for purposes of 19 C.F.R. Section 12.80(b)(1)(viii), and therefore are exempt from federal motor vehicle safety standards. Because the trucks are expected to arrive in the United States by the end of the month, we would appreciate an early response. To avoid mail delays, we ask that you call us once the letter has been prepared, so that we may arrange for a messenger to pick it up.

Thank you very much for your assistance.

(*) The 390 battalion trucks consist of 45 dual generator trucks, 90 radio equipment trucks, 62 radio equipment switching center trucks, 62 mobile teletypewriter trucks, 41 paraboloid antenna trucks, 45 mobile workshop trucks, 9 radio link system station trucks, 13 radar station trucks, 7 mobile Robutron/GUM computer trucks, 4 target acquisition trucks, 5 cable drum (with racks) transportation trucks, 3 mobile water treatment unit trucks, 1 telecommunications switching center truck, I mess/boarding truck (with built-in cupboards, shelves, benches, tables, etc.), and two messing/storage trucks (with built-in cupboards and shelves).

Enclosures

(Photos omitted.)

9/7/93 letter from the U.S. Customs Service, Department of the Treasury to Dennis Mack regarding classification. (Text omitted.)

5/5/93 letter from the Bureau of Alcohol, Tobacco and Firearms to Judith Jurin Semo. (Text omitted.)

List of specifications. (Text omitted.)

Portions of the fourteenth edition of Jane's Military Vehicles and Logistics (1993-94). (Text omitted.)