Interpretation ID: nht88-3.9

TYPE: INTERPRETATION-NHTSA

DATE: 08/19/88

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: DENNIS G. MOORE -- PRESIDENT SIERRA PRODUCTS INC.

TITLE: NONE

ATTACHMT: LETTER DATED 04/06/88 TO ERIKA Z. JONES FROM DENNIS G MOORE, OCC - 1860

TEXT: Dear Mr. Moore:

This is in reply to your letter of April 6, 1988, bringing to our attention the differing definitions of Canada and the United States of "optically combined lamps." The Canadian interpretation of that term appears to prohibit export of your lamps to that country.

I have reviewed the materials you enclosed. They indicate that until recently the two countries interpreted the phrase identically. As the then Chief Counsel Frank Berndt advised the Trailer Manufacturer Association on June 18, 1979, "the phrase is not intended to prohibit the installation of two separate bulbs in a single housing and covered by a common lens," and on October 22, 1981, Canada informed you that "The Canadian and U.S.A. federal standards are identical with respect to optical combination ...." However, Canada has undertaken to define the term by regulation in its revised CMVSS No. 108 rather than by interpretation as we have done. Under an amendment adopted in December 1987, a lamp with two separate bulbs in a single housing and covered by a common lens would be "optically combined." Canada believes that this "harmonizes" with the intent of FMVSS No. 108, us consistent with ECE practice, and similar to the definition adopted in J587 by the SAE. You believe that Canada's action is inco nsistent with the "Agreement on Technical Barriers to Trade" between the two countries.

It would appear that NHTSA's definition and interpretation of the term is more permissive than that of the authorities you quoted, and that lamps meeting U.S. requirements might be barred from sale in Europe as well as Canada. The issue of whether this situation presents a trade barrier is not one that is properly before this agency. Matters of trade policy, and particularly allegations of trade agreement violations are within the jurisdiction of the United States Trade Representative, who can be

contacted at 600 17th Street, NW, Washington, DC 20506 (202-395-3204). However, NHTSA is an active participant in ECE lighting discussions and I shall bring this matter to the attention of the responsible agency personnel.

Thank you for bringing this matter to our attention.

Sincerely,