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Interpretation ID: GF009226

    Mr. Siyamak Ahl
    KMAK INT'L INC.
    639 Maple Avenue
    Los Angeles, CA 90014


    Dear Mr. Ahl:

    This responds to your e-mail regarding requirements for brake pad importers. Specifically, you ask whether a brake pad importer must obtain DOT approval or certification. The answer is no.

    Title 49, United States Code (U.S.C.), section 30101, et seq. (the Act) authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. All motor vehicles and items of motor vehicle equipment manufactured or imported for sale in the United States must comply with all applicable safety standards set forth in 49 CFR Part 571. NHTSA does not provide approvals of motor vehicles or motor vehicle equipment. Under 49 U.S.C. Chapter 301, manufacturers are required to certify that their vehicles and equipment meet applicable requirements.

    There is no Federal motor vehicle safety standard (FMVSS) specifically applicable to brake pads. Instead, several FMVSSs regulate entire brake systems. Specifically, Standards No. 105, 121, 122, and 135 regulate brake systems for various types of motor vehicles. Vehicle manufactures are responsible for certifying that their vehicles comply with all applicable FMVSSs, including relevant brake system requirements. Accordingly, brake pad manufactures or importers are not directly responsible for any certification requirements.

    We note that despite the fact that NHTSA does not directly regulate brake pads, any brake pad designed to be used on a motor vehicle is an item of motor vehicle equipment and is subject to the notification and remedy (recall) provisions of 49 U.S.C. 30118-30120. If a manufacturer or NHTSA determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective vehicle or item of motor vehicle equipment and remedying the problem free of charge.

    Enclosed please find an information sheet for new manufacturers of motor vehicles and motor vehicle equipment. I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:121
    d.2/6/04