Interpretation ID: 1734y
Attorney-in-Fact
Fritz Companies, Inc.
7550 22nd Avenue South
Minneapolis, MN 55450
Dear Mr. Folino-Nazda:
We have received a copy of your letter of December l9, l988, to Commissioner Young of the Food and Drug Administration, forwarded to us by the Consumer Product Safety Commission. You have asked whether the "vehicle safety device" you described (with samples enclosed) are subject to any restrictions which would prevent importation of the device.
The device provides an "ultrasonic animal warning." At a speed "over 30 mph air flow produces a high pitch whistle which animals try to avoid." It is designed for owner installation on "bumpers, grills, fenders, mirrors and roofs" of motor vehicles. Because the device is intended solely as an accessory to motor vehicles, it is an item of motor vehicle equipment subject to the jurisdiction of this agency under the National Traffic and Motor Vehicle Safety Act. However, there are no Federal motor vehicle safety standards that apply to this type of equipment.
You should also be aware that if the device's manufacturer ("manufacturer" includes both the maker as well as any importer for resale) or this agency were to determine that the device contains a safety-related defect, importers of this foreign-made device would be required by the Vehicle Safety Act to recall the device and remedy the defect or replace the device without charge.
We are returning your samples to you.
Sincerely,
Erika Z. Jones Chief Counsel / VSA d:3/l3/89