Interpretation ID: nht87-1.57

TYPE: INTERPRETATION-NHTSA

DATE: 03/30/87

FROM: WILLIAM E DANNEMEYER -- US CONGRESS

TO: ED BABBITT -- DIRECTOR OF CONGRESSIONAL AFFAIRS DEPARTMENT OF TRANSPORTATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/13/87, TO WILLIAM E DANNEMEYER FROM ERIKA Z JONES, REDBOOK A30 (2), STD 211; LETTER DATED 05/08/67 TO EARL W KINTNER FROM WILLIAM HADDON; LETTER DATED 05/10/67, TO HAROLD T. HALFPANNY FROM LOWELL K. BRIDWELL; LETTER DATED 11/06/86, TO LARRY THUNDERBIRD AND MUSTANG FROM JOHN H HEINRICH AND J. MICHAEL ZEHNER

TEXT: Dear Mr. Babbitt:

I would greatly appreciate your assistance in having the matter which follows reviewed by your legal staff:

My constituent, Ed Money, owns a business providing parts for 1960's-vintage Thunderbird and Mustang automobiles. He recently imported a shipment of "spinner hubcaps" from Taiwan for resale as aftermarket parts.

The U.S. Customs Service in Los Angeles seized these as prohibited merchandise, for violating DOT Motor Vehicle Safety Standard 49 CFR 571,211, and have fined Mr. Money for declaring that they were in conformance with all applicable safety standards, which he believed to be true. These parts are widely sold, manufactured and imported throughout the United States.

It is my understanding that such safety standards apply strictly to automotive manufacturers, and therefore that this application to a parts dealer is in error. In order to rectify this with Customs, I would like to have a review of and ruling on thi s particular standard, and its applicability to anyone other than a manufacturer of automobiles. . . in particular to an importer of parts for aftermarket sale and use.

Please direct your response, or any questions, through Mike Bonk in my office, who is in contact with the District Director of Customs in this regard. Thank you for your assistance.

ENCLOSURES

Sincerely,

[PRICES OF HUBCAPS FROM SEVERAL SUPPLIERS OMITTED]