Interpretation ID: nht68-1.34

DATE: 06/01/68 EST

FROM: AUTHOR UNAVAILABLE; Lester D. Johnson; NHTSA

TO: Elford A. Cederberg; House of Representatives

COPYEE: DEPT. OF TRANSPORTATION

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of May 28, 1968, concerning the application of the Federal Motor Vehicle Safety Standards to a Morgan 4/4 convertible automobile imported by Mr. Edvis Fine of Mount Pleasant, Michigan.

Based on the information contained in your letter, it appears that the vehicle in question has not been manufactured in conformity with the safety standards prescribed by the Department of Transportation. Therefore, the vehicle is not permitted entry into the United States unless entry is made under bond and Highway Safety Form 7 (copy enclosed) is completed by the importer. This requirement is provided for in section 12.80(b), Customs Regulations, a copy of which is also enclosed for your convenience.

If your constituent wants to take delivery of the vehicle so that it can be brought into conformity, the foregoing requirements must first be complied with. To avoid certain storage charges, it will be to Mr. Fine's advantage to make entry for consumption or export the vehicle as soon as possible. Normally, storage charges begin to necrue on the sixth day, exclusive of Sundays and holidays, after date of arrival of the importing carrier in the port.

The Bureau of Customs cannot advise your constituent what modifications or additions are necessary to bring the vehicle into conformity. This information can be obtained from the Department of Transportation and a copy of your letter has been forwarded to that office for direct reply.

Sincerely yours,

Congress of the United States

House of Representatives

May 28, 1968

Lester D. Johnson Commissioner Bureau of Customs

Dear Mr. Johnson:

On January 12, 1968, my constituent, Mr. Lewis Fine of Mount Pleasant, Michigan, placed an order with Metro Motors of Windsor, Ontario, for a British-made Morgan 4/4 convertible automobile. The car was shipped from England on or about April 19, 1968, and the order, a copy of which is enclosed, was plainly marked "for export to the USA." Mr. Fine is having difficulty getting his car into the United States, having been told that he would have to sign your Form No. NS7 stating that he would bring the car up to Government standards within ninety days and the Canadian dealer would have to post bond guaranteeing compliance. It is my understanding that the car is already equipped with the following equipment:

1. 1600 CC Ford Cortina Engine

2. Electric windshield washers and wipers

3. Front and rear bumpers

4. 3 Point seat belts

5. Hydraulic and mechanical brakes

6. 72 spoke wire wheels and hubs (not the knock on type)

7. Two rear view fonder mirrors

8. Four two-way flasher and back-up lights

I shall appreciate it if you will review this file and advise me what further stops are necessary in order for Mr. Fine to get this car into the United States.

Sincerely yours,

Elford A. Cederberg

Enclosure