Interpretation ID: nht91-1.7

DATE: January 3, 1991

FROM: Jerry Ralph Curry -- NHTSA

TO: Stephen C. Crampton -- Dow, Lohnes & Albertson; Marc J. Fink -- Dow, Lohnes & Albertson

TITLE: Re Request by John A. Rosatti to import a Porsche 959 vehicle into the U.S.

ATTACHMT: Attached to letter dated 10-30-90 to Samuel K. Skinner from Marc J. Fink and Stephen C. Crampton; Also attached to memo dated 10-31-90 to NHTSA from Toni Fargo

TEXT:

Secretary Skinner has asked me to respond to your letters of October 30 and November 9, 1990, which requested a review of this Agency's decision not to permit the proposed importation.

My Chief Counsel and I have carefully reviewed this matter, including the specific provisions of the 1988 statutory amendments governing vehicle importation. We have concluded that the Agency's initial decision was correct. Therefore, the decision is affirmed, for the reasons noted in the enclosed legal memorandum.

We understand your client's interest in having this vehicle available for marketing and display purposes, and we appreciate his stated commitment that it would not be driven on the highways. We also recognize that no single vehicle can have much impact on overall U.S. highway safety. Nonetheless, our decision must be based on the laws governing vehicle importation -- namely, the 1988 statute and our implementing regulations. As noted in our legal memorandum, Congress specifically limited the circumstances under which non-complying vehicles could be imported, and deleted previous authority to such vehicles for "show" purposes (unless they are more than 25 years old). Therefore, consistent with our legal responsibilities, we are unable to approve Mr. Rosatti's proposed importation.

Please contact our Chief Counsel, Mr. Paul Jackson Rice, at (202) 366-9550, for any further clarification you may need on this matter.