Interpretation ID: nht90-2.36

TYPE: INTERPRETATION-NHTSA

DATE: 04/30/90

FROM: STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL

TO: KENNETH E. TOMPOR -- AUTO BROKERS & LEASING LTD.

TITLE: NONE

ATTACHMT: LETTER DATED 04/26/90 FROM KENNETH TOMPOR TO STEPHEN P. WOOD -- NHTSA; RE IMPORT OF 1985 FERRARI 288 GTO AS OF TODAY, 04/26/90; OCC 4706; LETTER DATED 06/19/89 FROM KEN TOMPOR -- AUTO BROKERS AND LEASING TO JOSEPH THRASHER -- NEWPORT BEACH POLI CE DEPARTMENT

TEXT: This is in reply to your FAX of April 26, 1990. You would like a statement from this agency, for purposes of litigation that commences on May 1, that a 1985 Ferrari 288 GTO cannot be legally imported into the United States.

Pursuant to amendments made to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) by P.L. 100-562, the Imported Vehicle Safety Compliance Act of 1988, a motor vehicle not originally manufactured to conform to the Federal motor veh icle safety standards, cannot, subject to the exception noted below, be imported permanently into the United States on and after January 31, 1990, unless the Administrator of the National Highway Traffic Safety Administration has determined that it is ca pable of being readily modified to conform to all applicable Federal motor vehicle safety standards, or that its safety features comply with or are capable of being modified to comply with all such applicable standards. The Administrator has made no det ermination with respect to the 1985 Ferrari 288 GTO.

However, no such determination is necessary if the following criteria are met at the time of importation.

The importer's assigned place of employment was outside the United States as of October 31, 1988, and (she) has not had an assigned place of employment between that time and the entry of the motor vehicle.

The importer has not previously imported a motor vehicle into the United States before October 31, 1988, that was not in compliance with all applicable Federal motor vehicle safety standards. The importer had acquired (or had entered into a binding c ontract to acquire) the motor vehicle before October 31, 1988. The vehicle must be entered not later than October 31, 1992.

Only if an importer meets these criteria may (she) at the present time legally import a nonconforming 1985 Ferrari 288 GTO into the United States (subject, of course, to the obligation to bring it into compliance with the safety standards after its entry ).

Sincerely,