Interpretation ID: nht68-1.16

DATE: 07/25/68

FROM: AUTHOR UNAVAILABLE; John D. Robinson; NHTSA

TO: Robert Bosch GMBH

COPYEE: DEPT. OF TRANSPORTATION

TITLE: FMVSS INTERPRETATION

TEXT: This will acknowledge receipt of your letter dated May 21, 1968 copy of which was forwarded to the Secretary of Transportation, concerning the application of Federal Safety Standard 108 to lighting unise that are now being manufactured by Robert Bosch Gmbh.

The joint regulations of the Bureau of Customs and the Department of Transportation, copy enclosed, provides in section 12.80(b)(2)(i) for the importation of a non-conforming vehicle or equipment item if they were manufactured on a date when there were no applicable safety standards in force. Therefore, these lighting units manufactured prior to January 1, 1969, and offered for importation into the United States do not have to be in conformity with Federal Safety Standard 108.

Since your inquiry concerns a specific safety standard not yet in effect, we are forwarding your letter to the Department of Transportation, Highway Safety Bureau, Washington, D.C., for their consideration and direct reply.

Sincerely yours,

Enclosure 50359

ATTACH.

ROBERT BOSCH GMBH

Lester D. Johnson -- Commissioner of Customs, Department of the Treasury/ Bureau of Customs

CC: Alan S. (Illegible Word) Secretary of Transportation

May 21, 1968

Subject: Title 19-Customs Duties (T.D. 68-16) - Part 12-Special Classes of Merchandise - Importation of Motor Vehicles and Items of Motor Vehicle Equipment - Federal Register Vol. 33, No. 6 of January 10, 1968.

Gentlemen:

With the above mentioned publication, certain conditions are imposed for the importation of motor vehicle equipment into the United States.

In our opinion, one case occuring in practice is not covered by the exception granted under section (b). This is the case when replacement items are delivered for automotive vehicles manufactured before entering into force of a relevant Federal Safety Standard.

We are for instance to deliver lighting units equipped with white parking lamps for passenger cars which are evidently not conforming to Federal Safety Standard 108.

The problem is now, whether it is possible and missible to import such items and other ones into the United States after January 1, 1969. We add that it is well evident that such items are needed after this date, because vehicles are already equipped in such a manner and it would in our opinion be too costly to replace two lighting units conforming to the relevant Federal Safety Standard, if only one replacement unit not conforming to the relevant Federal Safety Standard is needed for a passenger car manufactured before January 1, (Illegible Words)

We should be very glad to have a repid answer from you, since we have already now to care for corresponding replacement units. Leadtime is already now very scarce.

Very truly yours,

A. Hammerstein