Interpretation ID: nht94-6.41

DATE: April 11, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Lawrence A. Beyer, Esq.

TITLE: None

ATTACHMT: Attached to fax/letter dated 2/14/94 from Lawrence A. Beyer to Z. Taylor Vinson (OCC 9677)

TEXT:

This is in reply to your FAX of February 14, 1994, to Taylor Vinson of this Office, relating to a policy of the Office of Vehicle Safety Compliance (OVSC) regarding importation of vehicles from Canada.

Under this policy, and because of the close congruence of the Federal motor vehicle safety standards of both the U.S. and Canada, OVSC has, in essence, waived the requirement for bond and entry through the registered importer process if the Canadian vehicle is accompanied by a letter from the vehicle manufacturer stating that the vehicle was manufactured to comply with the U.S. standards, except for minor labelling variations. You state that this policy has been restricted to personally owned vehicles and does not allow "importations of vehicles by corporations for their corporation's personal use." Instead, these vehicles must be entered under bond and conformance verified or achieved by a registered importer. You state that you do not understand the distinction OVSC makes between individual personal use and corporate personal use.

Under the Imported Vehicle Safety Compliance Act of 1988, as a general matter, a noncomplying vehicle may enter the United States permanently only if it is imported by a registered importer who brings it into compliance. However, an exception is made by 15 U.S.C. 1397(f)(1)(B) which allows importation by a person other than a registered importer if that person has a conformance contract with a registered importer and if the vehicle is imported "for personal use, and not for purposes of resale, by any individual (other than an individual described in subsections (g) and (h)). . . ." The term "individual" refers to a human being and not a corporate person. Therefore, the Act distinguishes both as to whether an importation is for personal use AND whether the importer is an individual or a corporation.

I hope that this answers your question.