Interpretation ID: nht87-1.75

TYPE: INTERPRETATION-NHTSA

DATE: 05/13/87

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: WILLIAM E. DANNEMEYER -- HOUSE OF REPRESENTATIVES

TITLE: NONE

ATTACHMT: LETTER DATED 05/08/67 TO EARL W KINTNER, FROM WILLIAM HADDON; LETTER DATED 05/10/67, TO HAROLD T. HALFPANNY, FROM LOWELL K BRIDWELL; LETTER DATED 03/30/87 TO ED BABBITT, FROM WILLIAM E DANNEMEYER; LETTER DATED 11/06/86 TO LARRY THUNDERBIRD AND MUSTANG FROM JOHN H HEINRICH AND J. MICHAEL ZEHNER

TEXT: Dear Mr. Dannemeyer:

Thank your for your letter to Mr. Babbitt, our Director of Congressional Affairs, on behalf of your constituent, Mr. Ed Money. Mr. Money recently imported a shipment of "spinner hubcaps" from Taiwan. These hubcaps were seized by the U.S. Customs Servic e for failing to conform with the requirements of Federal Motor Vehicle Safety Standard No. 211, Wheel Nuts, Wheel Discs, and Hubcaps (49 CFR $ 571.211). You stated that it was your understanding that Standard No. 211 applies only to vehicle manufacture rs and not to aftermarket parts dealers, and that the Customs Service had erroneously applied Standard No. 211 to the products you constituent intended to import. Accordingly, you asked that we review the requirements of Standard No. 211 and state wheth er those requirements apply to "anyone other than a manufacturer of automobiles".

After carefully reviewing the language of Standard No. 211 and every prior interpretation of the standard, we have concluded that the Customs Service correctly applied Standard No. 211 to Mr. Money's hubcaps. Section S2 of Standard No. 211 specifies tha t, "This standard applies to passenger cars, multipurpose passenger vehicles, and passenger car and multipurpose passenger vehicle equipment." (Emphasis added) This language means that the standard applies to all wheel nuts, wheel discs and hubcaps for u se on passenger cars or multipurpose passenger vehicles, regardless of whether the part is to be used as original equipment or as a replacement part. This meaning has long been affirmed in this agency's letters of interpretation. We explained the appli cation of Standard No. 211 in letters of May 8, 1967, to Mr. Earl Kinter, and May 10, 1967, to Mr. Harold Halfpenny. I have enclosed copies of both these previous interpretations for your information. These letters are still accurate expressions of th e agency's opinion on this question.

Standard No. 211, which was one of the original Federal motor vehicle safety standards, became effective on January 1, 1968. As of that date, section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act [15 U.S.C. 1397(a)(1)(A)] made it ill egal to "manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any "spinner hubcaps" (Emphasis added). Therefore, we believe the U.S. Customs Service was

2 enforcing the law properly when it seized the hubcaps Mr. Money sought to import.

You enclosed with your letter advertisements from several other aftermarket parts suppliers offering spinner hubcaps for sale. Our enforcement personnel will investigate each of those suppliers and take appropriate actions if their hubcaps violate Stand ard No. 211.

I hope this information clarifies the law on this subject. If you have any further questions or need more information, please do not hesitate to contact me.

ENCLOSURES

Sincerely,