Interpretation ID: 22526.ztv

Mr. Benjamin J. Freeman
1715 Aberdeen Avenue
Aberdeen, WA 98520

Dear Mr. Freeman:

This is in reply to your email of December 26, 2000, asking about the status of military vehicles for spare parts. You have been offered 30 trucks of model years 1990-96.

You state that "as long as I have all engines and transmissions removed and have the remaining vehicles meet all standards for that year the vehicle was manufactured, FMVSS. Or as I thought of mainly offering the spare parts as upgradeable (newer) replacement core components to others like myself with older Land Rovers."

We are not quite clear as to whether the military trucks are Land Rovers or other types of vehicles. We are also unsure whether you would be importing these parts. Nevertheless, we can offer some guidance.

Vehicles manufactured pursuant to U.S. military contracts are exempt from the U.S. Federal motor vehicle safety standards (FMVSS). Military vehicles that are not manufactured pursuant to U.S. military contracts are not exempt from the FMVSS and, if they are imported, they are subject to the same requirements as apply to the importation of non-military motor vehicles. Motor vehicles that are imported for resale and that were not originally manufactured to comply with the FMVSS (such as a Land Rover manufactured for the British armed forces) can only be imported through an entity that our agency has recognized as a Registered Importer. Items of motor vehicle equipment may be imported provided that those items that are subject to one of the FMVSS comply with the applicable standard and are so certified (e.g., brake hoses must be stamped DOT as certification of compliance with FMVSS No. 106, but brake discs or drums do not have to be certified or to comply with any standard, since no FMVSS applies to them).

Used components of military vehicles may be imported and sold as replacement parts for non-military vehicles, subject to the compliance/certification restriction mentioned in the previous paragraph. However, if a vehicle is disassembled, its component parts sent to the United States, and reassembled after importation, or if a vehicle is assembled from imported parts, we consider that the FMVSS that apply to it are those in effect as of the date of its latest assembly regardless of the age of the parts.

If you have further questions, you may call Taylor Vinson of this Office (202-366-5263).

Sincerely,

John Womack
Acting Chief Counsel
ref:571#591
d.2/26/01