Interpretation ID: 0866

Mr. Valter Sforca
84 Thomas Street
Newark, NJ 07114

Dear Mr. Sforca:

This is in reply to your letter of April 20, 1995, asking if there is a regulation that applies to the importation of an "air equalizer for tire pressure."

Although you have not described your device, there are no Federal motor vehicle safety standards that apply to equipment installed in motor vehicles that regulate the air pressure of tires. If you are asked by the U.S. Customs Service to execute an HS-7 Declaration Form at the port of entry, you may check Box 1, declaring that the equipment was manufactured on a date when no applicable Federal motor vehicle safety standard was in effect.

Because this device is motor vehicle equipment, and because you apparently would be its importer, you would be responsible for notifying buyers and recalling it if either you or we decided that it contained a safety related defect.

We don't understand your phrase "the system have a safety valve for the air brakes the truck, for a properly stop". However, if the "air equalizer" is installed by a manufacturer, distributor, dealer, or motor vehicle repair business, that person must not knowingly make inoperative any part of a truck's air brake system by installing the air equalizer. I am enclosing a copy of a letter concerning what appears to be a similar device, which will explain this more fully.

If you have any further questions, you may refer them to Taylor Vinson of this Office, with whom you spoke previously (202-366-5263).

Sincerely,

John Womack Acting Chief Counsel

Enclosure ref:591 d:5/4/95