Interpretation ID: 21269.ztv

Mr. Michael Borbath
US Embassy New Delhi
DCSG
Washington, DC 20521-9000

Dear Mr. Borbath:

We are responding to your letter of February 2, 2000, to our agency, asking several questions relating to importation of an Indian Enfield motorcycle from India. You relate that you are "almost certain that Enfield has no documentation that proves their bikes adhere to US DOT specs."

In order to enter the United States, a motorcycle must have been manufactured to conform with all applicable Federal motor vehicle safety standards (FMVSS), and bear the manufacturer's certification of compliance with those standards. The process of importing a machine that was not manufactured to conform is not impossible, but it is cumbersome, time consuming, and expensive. First, you will have to contract with a registered importer to act on your behalf. The registered importer must then petition us for a determination that the Enfield is capable of being conformed to meet all applicable FMVSS. If we agree that the Enfield is capable of conversion, you may then import the Enfield under bond, and the registered importer must then conform and certify the vehicle within 120 days of entry. When the registered importer certifies to us that the Enfield has been brought into compliance, it must hold the vehicle until we release the bond, or until 30 days pass, whichever first occurs. At that time, the registered importer can release the vehicle. If we do not agree that the Enfield is capable of conversion, it cannot be imported permanently (If you are only temporarily in the United States before reassignment outside the country, it may be possible for you to import a non-conforming Enfield for the duration of your stay here, provided that it is not longer than one year). I enclose a list of registered importers who have had experience in filing petitions for conformance capability determinations, and some information on the FMVSS that apply to motorcycles.

You also asked about "the conditions for importing a 'classic or historic bike' from India" and how we define those terms. Any motor vehicle that is at least 25 years old, including a motorcycle, is not required to conform to the FMVSS. This means that Enfields manufactured in 1975 and earlier may be directly imported by their owners. We have recently been given the statutory authority to allow permanent importation of noncomplying vehicles for purposes of "show or display" without the necessity of conforming them to the FMVSS. This would apply to vehicles manufactured in 1976 and later. In this circumstance, an importer is not required to use the services of a registered importer, and may directly ask us for approval. We are interpreting this authority as permitting admission of vehicles only of technological or historical significance, according to such arguments as the prospective importer wishes to make. Further, we are not allowing importation under "show or display" of vehicles still in production unless the importer is the manufacturer itself. Under certain circumstances, we will also approve limited use of a "show or display" vehicle on the public roads (e.g., up to 2,500 miles a year).

I have provided you a summary of our programs. If you would like further details on these programs, please call Taylor Vinson of this Office (202-366-5263). You may also e-mail him at Tvinson@nhtsa.dot.gov

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:591
d.3/21/00