Interpretation ID: nht90-2.33

TYPE: Interpretation-NHTSA

DATE: April 26, 1990

FROM: Stephen P. Wood -- Acting Chief Counsel., NHTSA

TO: Joan E. Fogelman -- Lund & Pollara, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4-2-90 To Taylor Vinson and From Stephen P. Wood; (OCC 4602)

TEXT:

This is in reply to your FAX of April 2, 1990, to Taylor vinson of this Office, with reference to a 1985 Mercedes-Benz 280SE sedan being imported from the Bahamas temporarily, for the purpose of repair. You have stated that "U.S. Customs wants a reassura nce that they will not be held accountable if for some unforseen happening, this vehicle is not properly exported."

Although the new DOT vehicle importation regulations effective January 31, 1990, make no specific provision for temporary importation of a nonconforming motor vehicle for repairs, when such a vehicle is owned by a nonresident of the United States and reg istered in a country other than the U.S., it is acceptable to this agency for the nonresident owner to enter it under the provisions of 49 CFR 591.5(d), the declaration by an importer who provides his passport number and country of issue that he is a non resident importing the vehicle for personal use for a period not to exceed one year and will not sell the vehicle during that time. Such an entry is not accompanied by the new DOT conformance bond, which is required only for entries pursuant to 591.5(f) and (g).

I do not know what Customs means by being held "accountable" if the vehicle is not properly exported. You have stated that it will be accompanied by a Customs bond, and I assume that if the terms of that bond are violated Customs will take whatever enfor cement action against the vehicle and its owner is deemed appropriate under the bond.