Interpretation ID: nht72-4.32

DATE: 12/11/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Intercontinental Equipment Corp.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of September 25, 1972. You have enclosed a copy of a letter from Suzuki Motor Company, Ltd., dated September 14, 1972, in which it objects to the certification label that you propose to attach to Suzuki trucks imported by you for sale. The label shows Suzuki as the manufacturer and Intercontinental Equipment Corporation (IEC) as the importer of the trucks.

Suzuki bases its objection on the fact that:

". . . the vehicles as manufactured by Suzuki does (sic) not conform to all applicable Federal Motor Vehicle Safety Standards in effect on the date of manufacture, and it will be misrepresentation by our company to make such statement."

Suzuki also comments "the responsibility for compliance rests sorely (sic) on both IEC and Yachiyoda but this fact is not clearly shown on the label."

This agency's position is that the certification scheme you have described is an appropriate one for imported vehicles that have been modified after manufacture to conform to the standards.

We do not consider the certification label necessarily to be a representation by the original manufacturer. The question of who is responsible for the correctness of the certification, and for conformity, must be decided on the facts of the individual case. In this case, the representation is by IEC, not Suzuki, and IEC is responsible for conformity of the vehicle.