Interpretation ID: 2913yy
5110 Tollview Drive
Rolling Meadows, IL 60008
Attn: Messrs. Riani and Mitchell
Gentlemen:
This responds to your letter of March 6, "l990" with respect to your interest in importing for resale Volkswagen Beetles manufactured in Mexico. You've asked for information on "all relevant requirements for cars being imported to the United States."
A motor vehicle must conform with all applicable Federal motor vehicle safety standards (FMVSS) in order to be imported permanently into the United States. The authority for this requirement is The National Traffic and Motor Vehicle Safety Act of l966, as amended by the Imported Vehicle Safety Compliance Act of l988, which became effective January 31, l990. I enclose a copy of the l966 Act for your information; the amendments effectuated by the l988 Act are found at section l08 [1397], subsections (c) through (j).
In brief, a nonconforming motor vehicle may not be imported into the United States unless the Admininstrator of the National Highway Traffic Safety Administration (NHTSA) has determined that the vehicle complies or is capable of conformance to the FMVSS. Determinations are made pursuant to petitions received from manufacturers or registered importers. A "registered importer" is one that NHTSA has officially recognized as capable of performing the conformance work. After an affirmative determination, the vehicle may be imported by the registered importer, or by any other person who has a contract with the registered importer to perform the conversion work. Certain performance bonds and fees payable to the government have been established. I enclose a copy of the most current list of registered importers. For the text of the FMVSS and other agency regulations, you may contact the outlet of the Government Printing Office closest to you, and obtain "Title 49 Code of Federal Regulations Parts 400-999 Effective October 1, l990". NHTSA regulations are parts 501-594 inclusive. You will be particularly interested in Parts 571 (the FMVSS), 591 (import regulation), 592 (registered importer requirements), 593 (vehicle eligibility determinations), and 594 (fees). The Administrator has made no determination with respect to the conformance capability of Mexican Beetles with the FMVSS. If you wish to petition for such a determination, you must either become a registered importer or contract with one to act in your behalf. NHTSA would be especially concerned about the capability of Beetles manufactured on and after September 1, l989, to be conformed to meet the automatic restraint requirements of FMVSS No. 208 (49 CFR 571.208), Occupant Restraint Systems.
You have asked for any information the Department may have about conformance problems. During the mid-l980s, Mexican Beetles were imported for resale by commercial enterprises in Texas and California. The Texas enterprise was able to satisfy the importation requirements that were effective before the stringent amendments of the l988 Act. The California enterprise was unable to meet our requirements. We do not view the Texas experience in conversion of vehicles as particularly relevant today in light of the extensive changes made by the l988 Act.
Finally, you have asked whether "documentation by Volkswagon of Mexico certifying these crash requirements can replace a crash tested vehicle or vehicles." Under our regulations, the registered importer must certify that the converted vehicle conforms to all applicable FMVSS, and, with the initial vehicle, provide NHTSA with documents in substantation. Certainly, if Volkswagen de Mexico had conducted successful barrier impact tests exactly in the manner set forth in the FMVSS, the test results would appear to afford a basis upon which the registered importer could certify compliance. But because conformance modifications could alter vehicle structure or weight, and hence potentially affect the test results previously obtained, your question cannot be answered simply yes or no. However, a registered importer is not legally obliged to conduct a crash test to demonstrate conformance, but could verify that the converted Mexican Beetles continue to conform with the Mexican test results through the use of computer simulations, engineering studies, or mathematical calculations.
If you have further questions, we shall be pleased to consider them.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures
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