Interpretation ID: nht87-1.88

TYPE: INTERPRETATION-NHTSA

DATE: 06/04/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Cameron-Nott

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Peter Cameron-Nott 90 Horace St: Stratford, CT 06497

This replies to your March 31, 1987 letter asking for a clarification of my January 16 letter to you regarding the importation of rebodied automobiles.

Specifically, you asked which Form HS-7 declaration is proper upon entry of a vehicle incorporating a 1966 chassis, upon which is mounted a new body whose individual equipment items meet current Federal motor vehicle safety standards applicable to them ( i.e. glazing, tires, brake hoses, lighting equipment, seat belts). The Customs officials you have contacted are unsure whether entry should be made under Box 1 or Box 3 of Form HS-7.

As we advised you earlier, a rebodied vehicle retaining its original chassis components, title, and identification number is considered to retain its original model year designation, even with a new body installed on it. Therefore, your vehicle would be considered a 1966 model. Accordingly, Box 1 would be the proper declaration: that the vehicle was manufactured on a date when no applicable safety standards were in effect. Box 3 is clearly inappropriate as there is no legal requirement for such a vehicl e to be brought into conformity with Federal safety standards. Should conformance of the individual equipment items be questioned - unlikely in our opinion -Box 2 would appear to be the appropriate declaration for these items: that they conform to all ap plicable standards and bear the manufacturer's certification to that effect (the DOT symbol on these items).

I hope that this answers your question.

Sincerely,

Erika Z. Jones Chief Counsel

Ms. Erika Z. Jones Chief Counsel NHTSA 400 Seventh Street. S.W. Washington, D.C. 20590

Dear Ms. Jones:

Thank you for your letter dated January 16th concerning my questions regarding rebodied cars(copy Enclosed). I do however have a point which requires clarification.

The car is a rebodied 1966 vehicle as per paragraph #1 however the windshield, tires, brake hoses, head lights and seat belts have been replaced and have the appropriate D.O.T. FMVSS markings on them as well as paid receipts for these items.

I have asked U.S. Customs in N.Y. how I should make the customs entry on form HS-7. They have suggested that I write to you for clarification because a pre 1968 car normally is entered under section #1 however because of these equipment changes they cann ot tell me whether I should file under section #1 or section #3.

In order to avoid delays and confusion upon arrival at customs I should be grateful if you would advise me under which section D.O.T. requires the entry to be made.

Your early reply would be greatly appreciated.

Sincerely,

Peter Cameron-Nott

See 1/16/87 letter from Erika Z. Jones to Peter Cameron-Nott