Interpretation ID: 1985-03.41

TYPE: INTERPRETATION-NHTSA

DATE: 09/10/85

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Mr. Barry Mitchell

TITLE: FMVSS INTERPRETATION

TEXT:

September 10, 1985 Mr. Barry Mitchell Sun Country Imports/Sales 6232 N. 7th Street, Suite 209 Phoenix, AZ 85014 Dear Mr. Mitchell: Thank you for your letter of July 11, 1985, requesting an interpretation of Standard No. 115, Vehicle Identification Number--Basic Requirements. Your letter states that you plan to ship vehicles manufactured by Volkswagen of Brazil to Canada where they would be brought into compliance with United States safety standards requirements. These vehicles, which you describe as being manufactured in more than one stage, would be certified as complying with applicable safety standards before being imported to the United States. You asked whether you should use the vehicle identification number (VIN) assigned to them by the Brazilian manufacturer. Section 4.1 of Standard No. 115 requires the use of the VIN assigned to them by Volkswagen of Brazil, whether they are completed vehicles manufactured in one stage (i.e., they can perform their intended function as manufactured in Brazil, regardless of whether they complied with U.S. safety standards), or incomplete vehicles, such as chassis cabs which need work-performing or other equipment added to them during a second or subsequent stage. Please note that, if these vehicles are imported under 19 CFR 12.80(b)(1)(iii), they would be exempt from the requirements of S4.2, S4.3, and S4.7 of Standard No. 115. A copy of the Federal Register notice of January 30, 1985, making this correction to the final rule of May 19, 1983, is enclosed. You should also be aware that, for vehicles imported under 19 CFR 12.80(b)(1)(iii), a bond is required for all vehicles not originally manufactured to comply with the safety standards but brought into conformity before entry. This procedure is explained in the final rule on importation of motor vehicles and motor vehicle equipment issued by the Customs Service on December 4, 1978 (43 FR 56655). A copy of this notice is also enclosed. I hope this information is helpful to you. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosures