Interpretation ID: nht89-1.50

TYPE: INTERPRETATION-NHTSA

DATE: 03/24/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: KEITH E. MADDEN -- RESEARCH ASSOCIATE COLLEGE OF ENGINEERING DEPARTMENT OF CHEMICAL AND MATERIALS ENGINEERING THE UNIVERSITY OF IOWA

TITLE: NONE

ATTACHMT: LETTER DATED 02/03/89 FROM KENNETH E. MADDEN TO ERIKA Z. JONES NHTSA, OCC 3106; LETTER DATED 12/04/87 FROM PAUL L. PETERSCHMIDT TO GEORGE PARKER

TEXT: Dear Mr. Madden:

This is in reply to your letter of February 3, 1989, with respect to importation of ethanol-fueled trucks from Brazil. You have requested assurance that "there are no legal or administrative roadblocks to this importation."

I am happy to provide the assurance you seek. Your letter indicates that you are well versed in our importation procedures, and that you have discussed this matter with Messrs. VanOrden and Vinson of this agency. The University of Iowa is permitted to import trucks that do not comply with all applicable Federal motor vehicle safety standards for purposes of test and experimentation, pursuant to Title 19, Code of Federal Regulations, Section 12.80(b)(i)(vii). When the trucks reach the United States, th e importer of record makes the appropriate declaration (in this instance, Box 7 of the HS-7 Form). If vehicles imported for testing and experimenting will be used on the public roads, the importer must attach a sheet to the Form stating the purpose for which the vehicles are imported, the estimated amount of time that the vehicles will be used on the public road, and whether after testing they will be exported, abandoned to the United States, or brought into compliance. Permission for the noncomplying vehicles to remain in the United States for the purposes of testing and experimenting is renewable annually for a maximum total of three years. Thus, for example, at the end of the first year, if the importer requires more time for on-road testing, it m ust write this Department of that need. Generally, permission is granted for an additional year. If a third year is needed for on-road testing, the importer must again request permission of this agency.

We see no legal or administrative impediments to this importation. Further, under these circumstances, the Brazilian manufacturer of these trucks has no responsibilities to the Department of Transportation under any of its laws or regulations.

Sincerely,