Interpretation ID: nht94-3.66

TYPE: INTERPRETATION-NHTSA

DATE: July 13, 1994

FROM: Dietmar K. Haenchen -- Manager, Vehicle Regulations, Volkswagen Of America, Inc.

TO: John Womack -- Acting Chief Counsel, NHTSA

TITLE: Request for Interpretation relating to 49 CFR Parts 541 and 543, Theft Prevention Standard (Parts Marking Requirements for Replacement Parts)

ATTACHMT: ATTACHED TO 2/17/95 LETTER FROM PHILIP R. RECHT TO DIETMAR K. HAENCHEN (A43; PART 543; PART 541)

TEXT: Thank you for your quick response to our request for interpretation dated 17 May 1994 relating to the marking requirements for replacement parts. This letter presents a follow-up question to the interpretation you gave us relative to the Volkswagen Corr ado carline.

Your interpretation concluded that because the Corrado will not be offered for sale in the United States as a 1995 model year carline (the model year for which the exemption from parts marking on the basis of an approved anti-theft device was granted), t he replacement parts for the 1994 model year and prior years would continue to have to be marked. This was because "no Corrados sold in the U.S. will be equipped with the approved anti-theft device".

However, the fact is that all 1994 model year Corrados were sold in the U.S. with the standard anti-theft device that was approved for the 1995 model year exemption. (The 1994 model year Corrado was parts marked in addition to being equipped with a stan dard anti-theft device.)

Volkswagen could not apply for an anti-theft system exemption for the 1994 model year Corrado because only two exemptions are allowed per model year. For 1994, Volkswagen chose to exempt the Jetta III and the Volkswagen Cabrio carlines.

Volkswagen believes that marking of replacement parts for the Corrado carline can be terminated because the 1994 model year Corrado carline was equipped with a standard anti-theft device that was approved for exemption so that the requirement that Corrad o vehicles be sold in the United States with the approved anti-theft device was, in fact, met. Your interpretation on this issue is requested.

Thank you for your consideration and we look forward to your early response.