Interpretation ID: nht68-3.47

DATE: 07/31/68

FROM: R.M. O'MAHONEY -- NHTSA; SIGNATURE BY MR. SCHMELTZER

TO: E.L. Mobley

TITLE: FMVSR INTERPRETATION

TEXT: Your letter of July 19 to Mr. Vinson of my staff presents your problem regarding two Volkswagens which have been conditionally admitted to the United States pursuant to 19 C.F.R. @ 12.80(b)(2)(iii) and (c). You state "we want to do whatever is necessary to secure an unconditional release of the cars."

As the Acting District Director of Customs informed you in his letter of July 18, @ 12.80(c) requires that the importer submit to the Bureau of Customs:

". . . a statement verified by the importer or(Illegible Word) that the vehicle . . . described in the declaration filed by the importer has been brought into conformity with applicable safety standards, and identifying the manufacturer, contractor, or other person who has brought such vehicle . . . into conformity with such standards and describing the nature and extent of the work performed."

Production of statements for the two Volkswagens containing the information required by @ 12.80(c) should allow a release of the vehicles and a termination of the bond. As Customs further informed you, these statements are forwarded to the Highway Administration for evaluation. This means that, if questions arise about the conformance work, you will be asked to provide us with the name and addresses of the owners of these vehicles.

I enclose a copy of the standards currently applicable to passenger cars. Two of the three items you mentioned are only a small portion of the overall requirements of the standards. With reference to these items you will note that "seat belts" are covered by three Federal standards: No. 208 requiring installation of upper torso and pelvic restraints, No. 209 specifying conformance of assemblies, and No. 210 specifying detailed requirements for anchorage points. The requirements of Paragraph S 3.1 of Standard No. 201 does not per se require a "padded dash"; conversely there is no assurance that the padding of a previously bare dash panel will bring a non-conforming vehicle into conformity. "Back-up lights" is a Federal requirement only for passenger cars manufactured on or after January 1, 1969.

I hope this answers your questions.