Interpretation ID: aiam2431
NVT America
Inc.
P.O. Box 6249
Anaheim
CA 92806;
Dear Mr. Furman: This is in response to your letter of October 1, 1976, in which yo pose several questions concerning which of three companies participating in the construction of a motor vehicle would be considered the manufacturer for purposes of 49 CFR Part 566 and which would be responsible, therefore, for meeting the safety standards described in 49 CFR Part 571.; The term 'manufacturer' is defined in section 102(5) of the Nationa Traffic and Motor Vehicle Safety Act (the Act) as 'any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.' Therefore, the company that assembles a vehicle is considered the manufacturer regardless of the name under which the vehicle is marketed. This interpretation is not affected by which company owns the engineering rights or trademark to the vehicle. A controlling corporation, however, may assume responsibility for conformity with the standards and may substitute its name for the name of its assembling subsidiary.; Part 566, *Manufacturer Identification*, requires the manufacturer, a defined above, to submit identifying information and a description of the items it produces. You should further note that 49 CFR Part 567, *Certification* requires the same manufacturer to affix a label to the vehicle certifying that the vehicle conforms to all applicable safety standards.; I trust this fully responds to your questions. Sincerely, Frank Berndt, Acting Chief Counsel