Interpretation ID: nht68-2.24

DATE: 05/28/68

FROM: AUTHOR UNAVAILABLE; William Haddon Jr. M.D.; NHTSA

TO: Lester L. Wolff; House of Representatives

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of April 3 to the Treasury Department which was forwarded to the National Highway Safety Bureau for reply. Your letter enclosed correspondence from Your constituent Sidney Fischer of Oyster Bay.

Mr. Fischer asked the following two questions:

"(1) Whether a car (new or used) must have the manufacturer's or distributor's safety sticker on it in order to be brought into the United States."

I enclose a copy of 19 C.F.R. @ 12.80 which governs importation of motor vehicles subject to the requirements of the National Traffic and Motor Vehicle Safety Act of 1966. Generally, any passenger car manufactured after December 31, 1967, whether new or used at time of importation must bear the manufacturer's permanently affixed certification of compliance with Federal motor vehicle safety standards if it is to be admitted into the United States. Exceptions are provided under certain instances for vehicles which were not manufactured in conformity prior to entry (@ 12.80(b)(ii) or will be brought into conformity after entry (@ 12.80(b)(iii) and @ 12.80(c)).

"(2) If such sticker is not on the car and is required for entry by customs, could he get an abstract of the safety requirements that the Customs Inspector would use in order to determine the admissibility of the vehicle?"

The manufacturer's permanently affixed certification is not required for entry under @ 12.80(b)(ii) or (b)(iii). But there is no "abstract of safety requirements" used by Customs to determine admissibility of the vehicle. Vehicles conformed prior to entry will be admitted upon production of a statement in the form required by @ 12.80(b)(ii).

Vehicles to be conformed after entry will be admitted upon an undertaking by the importer to bring the vehicle into conformance and the giving of a @ 12.80(c) bond to secure this promise.

Because of the difficulties of conforming a vehicle after its manufacture, if Mr. Fischer intends to buy a passenger car manufactured after December 31, 1967 he may save himself much worry by assuring himself prior to purchase that a vehicle bears the manufacturer's certification of compliance.