Interpretation ID: nht92-3.48

DATE: September 18, 1992

FROM: William G. Rosoff -- Chief, Entry Rulings Branch, Department of the Treasury, U.S. Customs Service

TO: Chief Counsel -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 10/5/92 from Paul Jackson Rice to William G. Rosoff (A-40; Part 591)

TEXT:

We are forwarding a letter and documentation from Dr. Irina Elovaara concerning an extension of 49 CFR 591.5(d). Dr. Elovaara has been in the U.S. doing research at the National Institutes of Health and has recently had her stay extended until December 1992. Dr. Elovaara temporarily imported her car in October of 1991 under 49 CFR 591.5(d). Her one year time limitation will expire next month; she would like an extension of time. The regulation does not provide for time extensions, therefore, Customs does not have authority to grant an extension or an exception. As this is under your jurisdiction we hope that you will be able to assist Dr. Elovaara as quickly as possible.

Enclosures

DEPARTMENT OF THE TREASURY U.S. CUSTOMS SERVICE

September 18, 1992

ENT-6-03-CO:R:C:E 224130 SR

Dr. Irina Elovaara Neuroimmunology Branch National Institute of Neurological Disorders and Stroke National Institutes of Health Bldg. 10 Room 5B-16 Rockville Pike 9000 Bethesda, Maryland 20892

Dear Dr. Elovaara:

The temporary importation of a vehicle for personal use is regulated by the Department of Transportation and enforced by U.S. Customs. According to the Department of Transportation regulation 49 CFR 591.5(d), vehicles that are imported temporarily for personal use can remain in the country for a time not to exceed one year. The regulations do not provide for any extensions or exceptions. Customs does not have the authority to change the regulation or provide any exceptions to the regulation. We have forwarded your file to the Chief Counsel of the National Highway Traffic Safety Administration

for a formal ruling.

Sincerely,

William G. Rosoff Chief Entry Rulings Branch

National Institutes of Health Bethesda, Maryland 20892

August 26, 1992

Dr. Irina Elovaara Neuroimmunology Branch National Institute of Neurological Disorders and Stroke NIH Bldg. 10 Room 5B-16 Rockville Pike 9000 Bethesda, Maryland

Ms. Sheryl Rosenow Commission Ruling Division/Entry Rulings Branch US Customs Service 1301 Constitution Avenue NW Washington, D.C. 20229

Dear Sheryl Rosenow,

Referring to our telephone conversation 8.25, please find enclosed the documents related to importation of my car.

If there are any questions, please feel free to contact me at 301-496-0519 (work telephone) or 301-718-6424 (home).

Sincerely yours

Irina Elovaara, M.D.

DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

National Institutes of Health Bethesda, Maryland 20892

August 6, 1992 Dr. Irina Elovaara Neuroimmunology Branch National Institute of Neurological Disorders and Stroke National Institutes of Health 9000 Rockville Pike Building 10, Room 5B-16 224130 Bethesda, Maryland 20892

Director, Room 2107 Commission Ruling Division US Customs Service 1301 Constitution Avenue NW Washington DC 20229

Dear Director,

My visiting medical fellow appointment (title: special volunteer) at the National Institutes of Health started 1.10.91. At that time my vehicle - Mercedez Benz 190E (VIN#WDB201018F891360) was imported into the United States, whereafter it was insured (10.10.91 Allstate), inspected (10.18.91), and titled (10.21.91 in Gaithersburg MVA). The vehicle also passed the emission inspection test 01.24.92. When the vehicle arrived I had to sign a statement that the vehicle will be exported within one year or when I leave the country (statement of importer).

My appointment at the NIH has now been extended until December 1992 (see document from Fogarty International Center). Therefore, I request permission to keep my vehicle in the U.S.A. until my leave i.e. 12.31.92.

U.S. Customs Service (Mr. Rososs) informed me on August 6th by phone that generally handling of requests like this takes 120 days. This application, however, could not be done until now, because the extension of my appointment at NIH has been confirmed only recently. I apologize for the delay. In spite of it, I hope that the permission regarding my vehicle is still possible.

I hope that this letter does not cause too much inconvenience. Thank you.

Sincerely yours

Irina Elovaara, M.D. Home address: 4500 Chase Avenue, Bethesda, Maryland 20814 phone: 301-728 6224 phone work: 301-496-0519, fax: 301-402-0373

DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

National Institutes of Health Fogarty International Center Bethesda, Maryland 20892

August 7, 1992

To Whom It May Concern:

A request for an extension was submitted to the Fogarty International Center, National Institutes of Health, effective October 1, 1992 through December 31, 1992 for Dr. Irina Elovaara (Date and Place of Birth: May 1, 1951, Helsinki, Finland), Special Volunteer at the National Institutes of Health, National Institute of Neurological Disorder and Stroke. Immigration documents have been completed and signed by the Responsible Officer and will be submitted to the Immigration and Naturalization Service (INS) on August 14, 1992. This renewal in contingent upon approval by the INS, Department of Justice, of Dr. Elovaara's continued stay in the United States under all existing immigration regulations.

Sincerely, Sincerely,

Wanda J. Pifer Immigration Coordinator and Responsible Officer, G-5-0111 International Services and Communications Branch Fogarty International Center