Interpretation ID: 77-5.3

TYPE: INTERPRETATION-NHTSA

DATE: 12/12/77

FROM: AUTHOR UNAVAILABLE; Joseph J. Levin Jr.; NHTSA

TO: COBEC Brazilian Trading & Warehousing Corp. of the U.S.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 20, 1977, to Mr. Armstrong of this agency regarding the Puma kit car import program. Although your letter is not clear, you appear to be seeking an interpretation as to the applicability of our regulations to the Puma and its proper classification for import into the United States.

FACTS

Our opinion is based upon the factual representations made in your letter, in the advertising brochure issued by Puma Kit Cars, Inc., and an article "Brazilian Puma" by Thos. L. Bryant which appeared in the October 1977 issue of Road & Track (pp. 112-13). As we understand it, Pumas are shipped to the United States both as complete vehicles and in kit form. The completed vehicles are imported and sold by a Kansas firm. The kit vehicles on the other hand are imported by COBEC and sold to Puma Kit Cars, Inc. for further sale to individual purchasers.

The manufacturing operations that occur to the Puma kit car before it is exported are reported by Road & Track as:

"For normal production, Puma [Brazil] buys the [new VW] floorplan assemblies from the factory and removes 10 in. from its length . . . . All cables and fluid lines are removed and replaced with shorter versions. The modified chassis is then fed into the assembly line and if the final unit is to be sold locally, a finished car emerges from the other end. For those slated for export to the U.S. a few steps are left out. These consist of the installation of the front and rear ends and the engine. Aside from these omissions the completed cars are identical."

The completeness of the initial manufacturing process is highlighted in the Puma Kit Car Inc., brochure:

The Puma kit car is complete in every sense of the word: body, special floor pan, wiring, gas tank, rear torsion, steering wheel, tinted safety glass, roll up windows and plush upholstery. All you require in addition to the Puma kit is a VW ball joint front end, swing axle transmission, VW or Porsche engine, wheels, tires, and a battery."

The missing components are available from Puma Kit Car according to the brochure:

"In addition to the basic Puma Kit, complete factory engines, front end assemblies including disc brakes and brand new transaxle assemblies are available. You can assemble a new Puma car from off the shelf factory parts." CLASSIFICATION OF THE PUMA KIT CAR FOR IMPORTATION

COBEC commercial invoices of July 1977 show that Puma kit cars have been identified as "Replacement Body GTE for Volkswagen 1966" and "Replacement Chassis for Volkswagen 1966." The merchandise appears invariably identified as replacement equipment for 1966 Volkswagens.

As the Federal motor vehicle safety standards did not apply to passenger cars and equipment until January 1, 1968, it appears that COBEC is attempting to argue that the merchandise is not subject to Federal regulation under the National Traffic and Motor Vehicle Safety Act. But generally Federal standards covering replacement equipment apply as of the date the equipment is manufactured. Therefore, any item of motor vehicle equipment supplied in the Puma kit that is covered by a Federal motor vehicle safety standard (e.g. headlamps, glazing) must comply with it.

RESPONSIBILITY OF COBEC AS IMPORTER OF THE PUMA KIT CARS

If an equipment item does not comply, Pumas must be entered pursuant to 19 CFR 12.80(b)(2)(iii) as nonconforming motor vehicle equipment that will be brought into compliance before being offered for sale, and COBEC is responsible for submission of compliance documentation under 19 CFR 12.80(b)(2)(iii).

I hope that this is responsive to your request.

SINCERELY,

September 20, 1977.

Francis Armstrong, Director Office of Standards Enforcement Motor Vehicle Programs NHTSA, U.S. Department of Transportation

RE: PUMA KIT CAR IMPORT PROGRAM

With reference to the above-mentioned program we would like to express our opinion that these kits are in every way incomplete cars and, therefore, we so classified them on your Special Customs Invoice.

As per your request and for your own evaluation we enclose pictures as well as the following pertinent technical data about our kit car.

1. Our kit car consists of:

- fiber glass body shell,

- metal floor pan,

- AS1 safety glass (U.S. approved windshield),

- AS2 tempered glass, side and rear windows, - full set of dash control instruments,

- one set of seal beam headlights, (General Electric), U.S. made,

- one set of tale lights (U.S. approved).

2. Optional items:

- Seats and safety steering wheel.

3. Our vehicles do not include the following items:

- wheels,

- tires,

- front and rear axle,

- differential,

- transmission,

- motor,

- suspension components,

- steering components,

- break components,

- gas system,

- heating system.

These kits are intended to the sale to "DO IT YOURSELF MECHANIC" who in turn might have an old Volkswagen. By using components of the vehicle and the kit car it is possible to assemble. Within a time frame of 80 hrs., a small personal 2 (two) passenger car.

Please note that all of the service is accomplished by the owner himself. We feel that this explanation is sufficient for all your requirements, however, in case you need any additional information please do not hesitate to contact us.

Thank you for your prompt attention to this matter, since as of this moment we have ceased all current shipments into the U.S. until your final decision has been reached.

COBEC BRAZILIAN TRADING & WAREHOUSING CORP. OF THE U.S.

Egon Poisl Assistant Treasurer

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