Interpretation ID: nht87-1.66

TYPE: INTERPRETATION-NHTSA

DATE: 04/19/87

FROM: Erika Z. Jones -- NHTSA

TO: Jim Bates -- U.S. House of Representatives

TITLE: FMVSS INTERPRETATION

TEXT:

The Honorable Jim Bates United States House of Representatives 430 Davidson Street Suite A Chula Vista, CA 92010 Dear Mr. Bates:

This responds to your letter on behalf of a constituent, Tatar Osman. Mr. Osman was interested in learning how to get an "approval" for a child seat. According to advertising literature you enclosed with your letter, this child seat complies with the Eur opean ECE Regulation 44. I am pleased to have this opportunity to explain our regulations.

In enforcing its safety standards, this agency does not follow the European practice of requiring the manufacturer of motor vehicle equipment to deliver an item of the equipment to specified institutes for testing before the product can be sold. Instead, as required by the National Traffic and Motor Vehicle Safety Act, the manufacturer itself must certify that each of its items of motor vehicle equipment fully satisfies all requirements of the Applicable Federal motor vehicle standards. In the case of c hild seats, every child restraint system for use in motor vehicles that is sold in or imported into the United States must be certified as complying with Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems (49 CFR S571.213 (copy enclos ed). This standard sets forth both performance and labelling requirements that must be satisfied by the child restraint system.

Further, this agency does not require that the manufacturer's certification be based on a specified number of tests of the child restraint system or any tests at all. Pursuant to the Vehicle Safety Act, we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its child restraint system complies with Standard No. 213. We would certainly recommend, however, that a manufacturer selling its child restraint systems in the United States for the first time test those systems according to the test procedures specified in Standard No. 213. Once the manu facturer has determined that its child restraint system complies with the requirements of Standard No. 213, it certifies that compliance by placing a certification label on the child restraint, as specified in section S5.5 of Standard No. 213.

There are two additional regulations you should bring to the attention of your constituent in the even he plans to import these child restraints into the United States. Copies of both these regulations are enclosed for your information. The first is 49 C FR Part 566, Manufacturer Identification. This regulation requires a manufacturer (including importer) of motor vehicle equipment to submit its name, address, and a brief description of the equipment it manufactures (or imports) to this agency within 30 days of the date the child restraints are first manufactured (Imported into the United States).

The second regulation in 49 CFR Part 551, Procedural Rules. Section 551.45 requires the actual manufacturer of foreign-manufactured child restraints to designate a permanent resident of the United States as the manufacturer's agent for service of proce ss in this country. It is not necessary for an importer located within this country to designate its own agent as well. Part 551 specifies that the designation of agent by the manufacturer must contain the following six items of information:

1. A certification that the designation is valid in form and binding upon the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business, and mailing address of the manufacturer;

3. Marks, tradenames, or other designations of origin of any of the manufacturer's child restraint systems that do not bear its name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed by the manufacturer, and that agent may be an individual, firm, or U.S. corporation; and

6. The full legal name and address of the designated agent.

Such a designation must be received by this agency before any of the manufacturer's child restraint systems are imported into this country.

Should you need further information on this subject, or a clarification of any of the information set forth herein, please do not hesitate to contact me.

Sincerely,

Erika Z. Jones Chief Counsel cc: Washington Office

March 4, 1987

Edward P. Harrill Congressional Relations Consumer Product Safety Commission 5401 Westbard Ave. Bethesda, MD 20207

Dear Mr. Harrill:

I was recently contacted by a constituent, Tatar Osman, regarding an approval for a babyseat, advertising attached.

I would greatly appreciate your looking into this matter and providing me with a reply so that I might properly respond to the inquiry. If you have any questions or require additional information, please do not hesitate to contact Marie Scharfenberg of m y district office at 691-1166.

Thank you for your assistance. Please respond to me at 430 Davidson St., Suite A, Chula Vista, CA 92010.

Sincerely, J.M. BATES Member of Congress Attachment (SEE HARD COPY FOR GRAPHIC PICTURES)