Interpretation ID: 86-4.13

TYPE: INTERPRETATION-NHTSA

DATE: 07/15/86

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JAMES J. DABROWSKI -- REGULATIONS STATISTICS COORDINATOR JAGUAR CARS

TITLE: NONE

ATTACHMT: LETTER DATED 06/12/86, TO ERIKA Z. JONES, FROM JAMES J. DABROWSKI, OCC - 0838; RECALL LETTER TO GRAY MARKET VEHICLE OWNERS FROM JAGUAR CARS INC AND RELEASE DOC, DATED 06/12/86 EST

TEXT: Dear Mr. Dabrowski:

This is in reply to your letter of June 12, 1986, asking for confirmation that "Jaguar Cars is not bound by normal NHTSA recall procedures" with reference to cars imported through the Gray Market.

The National Traffic and Motor Vehicle Safety Act requires that a manufacturer must provide notification and remedy, when the determines that a vehicle or an item of motor vehicle equipment "manufactured by him" contains a safety related defact or noncompliance with an applicable standard. (15 U.S.C. 1411). A "manufacturer" is defined under the Act as "any person engaged in the manufacturing or assembling of motor vehicles..., including any person importing motor vehicles... for resale." (15 USC 1391(5)).

We understand Jaguar Cars, Inc. to be a corporation incorporated in the United States for the purpose of importing and selling motor vehicles that are made in another country by another legal entity. Because it does not manufacture or assemble motor vehicles, Jaguar Cars, Inc., is responsible as a "manufacturer" for notification and remedy only for the motor vehicles that it has imported.

I hope that this clarifies the matter for you.

Sincerely,