Interpretation ID: 1984-3.27

TYPE: INTERPRETATION-NHTSA

DATE: 09/13/84

FROM: FRANK BERNDT -- CHIEF COUNSEL, NHTSA

TO: WILLIAM R. WILLEN, ESQ. -- MANAGING ATTORNEY, AMERICAN HONDA MOTOR CO. INC.

TITLE: NONE

ATTACHMT: LETTER DATED 8-7-84 TO FRANK BERNDT, NHTSA, FROM WILLIAM R. WILLEN, AMERICAN HONDA MOTOR CO., ATTACHED; OCC 1018 AMERICAN HONDA MOTOR CO., INC.; STD. 218; OCC 1018

TEXT: We have received your Defect and Noncompliance Information Report dated August 7, 1984, and appreciate your submittal of it.

However, further information is needed before we are able to consider the petition for inconsequentiality that American Honda filed on June 14, 1984. Specifically, we must judge whether Honda, which describes itself as the "distributor" of the helmets, is the proper party to file the inconsequentiality petition. Such petitions are filed by "manufacturers" which is a term defined by 15 U.S.C. 1391(5) to include not only assemblers but also importers for resale.

Your letter of August 7 names two manufacturers of the helmets concerned, Shoei Safety Helmet Corp. and Bell Helmets, Inc. If the helmets manufactured by Shoei were imported from Japan by Honda, then Honda is a statutory "manufacturer" of these helmets and may file the petition. Would you therefore confirm whether Honda is the importer of the Shoei helmets.

We assume that the helmets manufactured by Bell were produced in the United States. If they were produced solely for Honda and the headsets installed solely at Honda's direction, or by Honda after delivery to Honda, then we would consider Honda the "manufacturer" of these helmets for purposes of the petition. However, if, for example, the Bell Star which corresponds to the Hondaline Hawk, were also fitted with the headset by Bell, then it would appear that Bell should be a co-petitioner or file a separate petition. We therefore would appreciate knowing at which point in the manufacturing process the headsets have been installed, whether the installer was Bell or Honda, and whether, to Honda's knowledge, Bell installs any headsets in any helmets it produces that are not sold to Honda.

When these clarifications are provided, we shall consider your petition further.