Interpretation ID: 2452y

Mr. Kenneth E. Tompor
Auto Brokers & Leasing LTd.
4140 S. Lapeer Road (M24)
Pontiac, MI 48057

FAX: 313-373-0565

Dear Mr. Tompor:

This is in reply to your FAX of April 26, l990. You would like a statement from this agency, for purposes of litigation that commences on May 1, that a l985 Ferrari 288 GTO cannot be legally imported into the United States.

Pursuant to amendments made to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 et seq.) by P.L. 100-562, the Imported Vehicle Safety Compliance Act of l988, a motor vehicle not originally manufactured to conform to the Federal motor vehicle safety standards, cannot, subject to the exception noted below, be imported permanently into the United States on and after January 31, l990, unless the Administrator of the National Highway Traffic Safety Administration has determined that it is capable of being readily modified to conform to all applicable Federal motor vehicle safety standards, or that its safety features comply with or are capable of being modified to comply with all such applicable standards. The Administrator has made no determination with respect to the l985 Ferrari 288 GTO.

However, no such determination is necessary if the following criteria are met at the time of importation.

The importer's assigned place of employment was outside the United States as of October 31, l988, and (s)he has not had an assigned place of employment between that time and the entry of the motor vehicle.

The importer has not previously imported a motor vehicle into the United States before October 31, l988, that was not in compliance with all applicable Federal motor vehicle safety standards. The importer had acquired (or had entered into a binding contract to acquire) the motor vehicle before October 31, l988. The vehicle must be entered not later than October 31, l992. Only if an importer meets these criteria may (s)he at the present time legally import a nonconforming l985 Ferrari 288 GTO into the United States (subject, of course, to the obligation to bring it into compliance with the safety standards after its entry).

Sincerely,

Stephen P. Wood Acting Chief Counsel

ref:593 d:4/30/90