Interpretation ID: aiam2347
General Partner
Moto Villa
Ltd. 1635 Rogers Avenue
San Jose
California 95116;
Dear Mr. Cheatham: #This is in response to your May 27, 1976, lette concerning the application of Federal Motor Vehicle Safety Standard No. 106-74, *Brake Hoses*, to brake hose assemblies that you import and contemplate importing for use in motorcycles. #I understand that you presently import brake hose assemblies for use only on off-road, moto- cross motorcycles. These assemblies are not 'motor vehicle equipment' as that term is defined in Section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C 1391(4)) (the Act). Therefore, they are not subject to any requirements of Standards No. 106-74. #The other assemblies that you contemplate importing for onroad use, however, are subject to the standard. Your letter indicates that the manufacturer of the assemblies is prepared to affix bands to them, certifying that they meet all the performance requirements of the standard, but that he is not yet able to obtain hose and end fittings that are labeled pursuant to S5.2. The relief that you have requested, however, is found in S12, which Reads as follows: #>>>*Brake hose assemblies manufactured from March 1, 1975, to August 31, 1976*. Notwithstanding any other provision of this standard, a brake hose assembly manufactured during the period from March 1, 1975, to August 31, 1976, shall meet each requirement of this standard, except that the assembly may be constructed of brake hose which meets every requirement of the standard for hose other than the hose labeling requirements of S5.2, S7.2 and S9.1, and the assembly may be constructed of end fittings which meet every requirement of the standard for end fittings other than the end fitting labeling requirements of S5.2, S7.2, and S9.1.<<<#You should note that the critical date for application of this section is the assembly's date of manufacture, rather than that of importation. #Please note further that Section 110(e) of the Act requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United Sates to designate a permanent resident of the United States as his agent upon whom services of all processes, orders, notices, decisions, and requirements may be made. #You state in your letter that the brake system products that you plan to import are manufactured by Gri Me Ca S.P.A In order to comply with section 110 of the Act it is necessary that Gri Me Ca designate an agent in the United States for service of process. There is no requirement in the Act that a motor vehicle Importer, located in the United States, designate an agent. #In order for the designation to be effective, it is necessary that the procedural requirements of 49 CFR 551.45 (enclosed) be fulfilled by the submission of the following information: #1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made, #2. The full legal name, principal place of business and mailing address of the manufacturer of the brake system components, #3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear his name, #4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer, #5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation, and #6. The full legal name and address of the designated agent. #In addition, the designation must be signed by one with authority to appoint the agent, the signer's name and title should be clearly indicated beneath his signature. #If you have any questions concerning these requirements, please do not hesitate to contact me. #Sincerely, Frank A. Berndt, Acting Chief Counsel;