Interpretation ID: nht73-4.37

DATE: 07/25/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Subaru of America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: RE: IMPORTATION OF Subaru TRUCK AND VAN

This is in reply to your letter of July 6, 1973, to the Administrator, in which you discuss Subaru's desire to import three non-conforming vehicles for off-road use and ask for confirmation that they are not "motor vehicles" as defined by PL 89-503. Mr. Flinn of Subaru informed Mr. Vinson of my staff by phone on July 16 that the purpose of importation of the three vehicles is to determine the general marketability of these vehicles as a class. Your letter states that the three vehicles will be shown to purchasers of earlier models of Subaru vehicles who are using them in plants. Mr. Flinn further indicated that conforming models might be imported if a market were shown for on-road use. Our reply is based upon your letter and Mr. Vinson's conversation with Mr. Flinn.

The information at hand is insufficient to support an interpretation that the Subaru 360 truck and van are not "motor vehicles." They appear to us clearly manufactured primarily for use on the public roads. However, we have no objection at this time to importation of these three vehicles pursuant to block #7 on the HS-7Form (i.e. 19 CFR @ 12.80 (b)(2)(vii)) by which Subaru declares that it is importing them for purposes of show, test, experiment, etc., and that it will not license them for use on the public roads. The question of disposition of these vehicles at the end of the evaluation period can be dealt with at that time.