Interpretation ID: nht95-1.33

TYPE: INTERPRETATION-NHTSA

DATE: January 20, 1995

FROM: Gary Shultz -- Vice President, General Counsel and General Manager, Diamond Star Motors

TO: Edward Glancy. Esq. -- NHSTA

TITLE: None

ATTACHMT: ATTACHED TO 2/10/95 LETTER FROM PHILIP R. RECHT TO GARY SHULTZ (A43; PART 583)

TEXT: Dear Mr. Glancy,

Pursuant to your phone conservation yesterday with Ms. Yolanda Gray, I am sending the included letter addressed to Mr. Recht to your attention for your and his priority attention. This regards our dilemms in how to comply with the Labeling Act under the circumstance of a mid-model year change in our production of one of our carlines from just the U.S. to both the U.S. and Japan. Your attention to this matter is sincerely appreciated.

Attachment

January 20, 1995

Mr. Philip R. Recht Chief Counsel NHTSA 400 7th St. S.W. Washington D.C. 20590

Dear Mr. Recht:

This letter seeks confirmation of compliance with the Automobile Labeling Act. 49 CFR part 583.6 specifies that "each manufacturer, except as specified in 583.5 (f) and (g), shall determine the percentage of U.S./Canadian Parts Content for each carlin e on a model year basis, before the beginning of each model year." Diamond-Star Motors has complied with calculating the percentage of domestic and foreign content of the automobiles we manufacture on a model year basis, and the labels affixed to the car s by our distributor, Mitusbishi Motor Sales of America, Inc., reflect this information.

The problem is the regulations do not mention what to do when there has been a change of plans in the source of production for a [Illegible Words] middle of its model year. One of the carlines currently production will now be manufactured in both the U.S. and Japan which may significantly affect the carline's current calculation for content as well as the final assembly point.

Diamond-Star is therefore requesting confirmation whether the label should be changed to reflect the change in domestic/foreign content in the middle of the model year or whether part 583.6 should be relied on as the authority for determining a carlin e's content only on a one-time model year basis. Further, confirmation is needed as to whether the label should be changed to reflect the final assembly point in accordance with part 583.5 (e).

Since production in Japan will commence soon, an urgent response for clarification is requested. Your time and cooperation is greatly appreciated.