Interpretation ID: 86-1.31

TYPE: INTERPRETATION-NHTSA

DATE: 02/11/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Tony T.Y. Tu -- Fonnex Industrial Corp.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Tony T.Y. Tu Fonnex Industrial Corp. P.O. Box 68-857 Taipei, TAIWAN

This is in reply to your letter of October 18, 1985, to this agency asking questions regarding test procedures for Federal Motor Vehicle Safety Standard No, 108, Lamps, Reflective Devices, and Associated Equipment.

Your questions indicate that you are under the impression that test samples must be submitted to this agency for testing. This is not correct; no testing or approval by this agency is required before a manufacturer of replacement lighting equipment may offer its product for sale in the United States.

Under the National Traffic and Motor Vehicle Safety Act, such a manufacturer is required by law to produce replacement lighting equipment that is designed to comply to the requirements of Standard No. 108, and to certify that the equipment does, in fact, meet the standard. It is the manufacturer's decision as to how many samples must be tested, whether they are prototype or production items, and so on, in order to assure himself that the item does meet Standard No. 108, before certifying that it does comply. Certification may be in the form of a DOT symbol on the item itself, or a statement of compliance on a label or tag affixed to the item itself, or to the container in which it is shipped.

As a general rule, under section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et. seq.), all items of motor vehicle equipment manufactured on or after the date any applicable Federal Motor Vehicle Safety Standard takes effect must conform to such standard in order to be imported into the United States. The regulation governing the importation of motor vehicles and items of motor vehicle equipment is Title 49, Code of Federal Regulations, Part 12.80 (19 CFR 12.80).

You should also note that under 49 CFR 566, you are required to submit certain identifying information and a description of your product to the Administrator, National Highway Traffic Safety Administration. Further, under section 151 et seq. of the Act, you are responsible for recall and remedy, at your expense, for any safety related defects in your product or noncompliances with Standard No. 108.

Prior to offering motor vehicle equipment for importation into the United States, a foreign manufacturer is required to register an "Agent-for-Service" of process as set forth in 49 CFR 551.45 as well as furnishing the information required by 19 CPR 566 for covered items of equipment.

You are advised to carefully examine the Act and FMVSS as well as other regulations listed below to insure that you fully understand the extent of the responsibilities you incur upon the manufacture/importation of a motor vehicle or item of motor vehicle equipment for which there is an applicable FMVSS.

Enclosed for your information and guidance is a copy of the following:

1. The National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)

2. 49 CFR 551, "Procedural Rules"

3. 49 CFR 556

4. 19 CFR 12.80, "Importation of Motor Vehicles and Items of Motor Vehicle Equipment"

5. Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment

We also recommend that you contact the American Association of Motor Vehicle Administrators, 1201 Connecticut Avenue, N.W., Suite 910, Washington, D.C. 20036. It is a private organization that provides information regarding the requirements of the various States.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones

Chief Counsel

Enclosures

October 18, 1985

U .S. Department of Transportation National Highway Traffic Safety Administration 400 Seventh St., S.W. Washington, D.C. 20590, U.S.A.

Attn. Whom who concern

Dear Sir:

We are an Auto Lamps manufacturer in Taiwan, our products include Front Lamps, Side Lamps and Rear Lamps, etc.. We hope that our products could pass the Federal Motor Vehicle Safety Standard & Regulation test and sold to the market of your country. So, please offer us your instructions what are the procedure we have to take, such as:

1. Who is in charge of the testing to whom we have to contact. (Administration , Name and Address)

2. How many samples in each items we have to send for testing.

3. The other special instruction which are important to us if we want our products to be passed the testing.

We wish that our inquiry will not bring you too much trouble. Your earlier reply will be highly appreciated. Best regards.

Yours sincerely,

Tony T. Y. Tu FONNEX INDUSTRIAL CORP. T/nc