Interpretation ID: nht68-1.19

DATE: 08/12/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Robert Bosch GMBH

TITLE: FMVSS INTERPRETATION

TEXT: The Bureau of Customs has forwarded to us for further reply a copy of your letter to them of May 21 asking whether lighting units for passenger cars, which do not conform to the requirements of Federal motor vehicle safety standard No. 108, may be admitted to the United States after January 1, 1969.

Amended Federal standard No. 108, effective January 1, 1969, specifies lighting requirements for various categories of motor vehicle including passenger cars manufactured on or after that date. It does not specify requirements for individual items, or lighting equipment. This means that these individual items, no matter what the date of manufacture, may be imported into the United States after January 1, 1969, because they will have been manufactured on a date when there were no standards in effect applicable to them.

I hope this answers your question.

Sincerely,

TREASURY DEPARTMENT

BUREAU OF CUSTOMS

JUN 25 1968

AIRMAIL

A. Hammerstein Robert Bosch Gmbh

Dear Mr. Hamorstein:

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

The joint regulations of the Bureau of Customs and the Department of Transportation, copy enclosed, provide 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,

John D. Roeison

Assistant Director

(Entry and Liquidation)

Division of Appraisement and Collections

Enclosure 50359

cc: Department of Transportation

ROBERT BOSCH GMBH

CC: Alan S. Boyd

Secretary of Transportation

Lester D. Johnson Commissioner of Customs Department of the Treasury Bureau of Customs

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 occurring in practice is not covered by the exception granted under section (b). This is the case when replacement items are delivered for automotive vehicle 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 admissible 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 to be too costly to replace two lighting units conforming to the rel;evant 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, 1969.

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

Very truly yours,

A. Hammerstein