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Interpretation ID: 9142

Mr. Terry Karas
T.K. Auto Inc.
4116 Notre Dame
Chomedey, Laval, Quebec H7w 1T1
Canada

FAX 514-688-6968

Dear Mr. Karas:

This responds to the concern your expressed by telephone to Taylor Vinson of this Office that a phrase in our letter of October 18, 1993, may be misinterpreted by the U.S. Customs Service.

The final sentence of the paragraph that begins page 2 of that letter reads: "If this examination indicates that the vehicle is Canadian, and if it is being imported for commercial purposes, then the vehicle is subject to the registered importer process." In the context of the letter, we assumed that it was clear that the Canadian vehicle in question was one that did not comply with the U.S. Federal motor vehicle safety standards. You believe that Customs may interpret the word "Canadian" to mean any vehicle of Canadian manufacture, whether or not complying with the U.S. safety standards.

We are pleased to provide the following clarification. With reference to the examination of the Canadian-manufactured vehicle in question, if it indicates that the speedometer does not have mph markings, this will demonstrate that the certification is to Canadian standards. Consequently, the Canadian-manufactured vehicle is one that does not comply, and is not certified as complying, with the U.S. standards, and, if it is being imported for commercial purposes, is subject to entry under bond and the registered importer process.

Sincerely,

John Womack Acting Chief Counsel

ref:567 d:10/18/93