Interpretation ID: nht92-3.3

DATE: 10/28/92

FROM: WOLFGANG W. KLAMP

TO: PAUL JACKSON RICE -- CHIEF COUNSEL, DOT

ATTACHMT: ATTACHED TO LETTER DATED 11-16-92 FROM PAUL J. RICE TO WOLFGANG W. KLAMP (A40; PART 591)

TEXT: I was referred to you as the result of a conversation with Mr. Ken Weinstein of your office.

My wife and I are both U.S. citizens working in Vancouver, Canada on Temporary Work Permits issued by Canada Immigration. My wife works as a Branch Manager for Crawford & Co., responsible for providing medical case management services for her company in British Columbia and Alberta. When my wife was hired we temporarily resided in Canada moving back to the U.S. during the past month. Crawford & Co., a registered Canadian company provides my wife with a company car, in fact, the company requires that she drive a company owned vehicle because of the nature of her work and the fact that she does not go directly to her office on a daily basis. The company issued her a Canadian made 1992 Ford Tempo which is licensed and insured in British Columbia. The company pays for all insurance, registration and license fees. When and if she leaves the company's employ, the car would remain in Canada.

The issue is that several times now we have been stopped and she was most recently detained by Customs officials at the Douglas (Peace Arch) Border Crossing to be told that the Tempo did not meet DOT requirements and therefore could not be "imported" to the U.S. and that the next time we attempted to cross the border in this vehicle we would not be allowed to enter the U.S. with it. Customs officials stated that the vehicle would have to go through a formal entry process which would include; posting a bond of 1 1/2 times the value of the vehicle (approximately US$ 20,000 - US$ 25,000); the vehicle would have to be sent to a conversion facility in Concord, California (at a cost of approximately US$ 4,000 to US$ 5,000 plus transportation charges to and from the conversion facility) to be brought up to DOT and EPA standards for "imported" vehicles, all because we are U.S. nationals who choose to live in the U.S.

It is our contention that; since my wife has no ownership interest in the vehicle; the vehicle will remain the property of Crawford & Co. and will never be sold or transferred to a resident of the U.S.; and the fact that the vehicle is not used for business purposes at any time in the U.S., and while we clearly understand that U.S. customs has a responsibility to carry-out DOT regulations, we feel that the ruling based on their interpretation of DOT regulations is patently unfair and arbitrary. Other Canadian owned vehicles freely enter the U.S. and are not subject to the same restrictions placed on this vehicle, including those Canadians who reside in the U.S. six months out of each year.

We are not trying to circumvent DOT or Customs regulations, but, we are hopeful that good judgement and fairness will be considered in this appeal to you. We respectfully request your determination on our unusual circumstance, and further, should you decide in our favor that a letter be directed to: Mr. Art Morgan, district Director, U.S. Customs Service, 1000 - 2nd Avenue, Seattle, WA 98104 advising him of your determination.

Your expeditious reply would be appreciated since this whole situation has serious implications with regards to my wife's employment situation. Should you have any questions, please call me at the numbers above. Thanking you in advance for your kind consideration, I remain,