Interpretation ID: nht68-2.26

DATE: 10/29/68

FROM: AUTHOR UNAVAILABLE; Robert M. O'Mahoney; NHTSA

TO: Messrs. Hogan & Hartson

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of October 17 asking several questions about the importation of motor vehicles and equipment items attached to them after entry and prior to sale.

The Joint Regulations (19 C.F.R. S12.80) are clear as to the points you raise. Subsection(b)(2)(iv) allows the entry of a vehicle bearing a not-yet-valid certification plate upon the filing of a declaration that:

"Such vehicle is a new vehicle being imported for purposes of resale which does not presently conform to all applicable standards because readily attachable equipment items are not attached, but that there is affixed to its windshield a label stating the standard with which and the manner in which such vehicle does not conform end that the vehicle will be brought into conformity by attachment of such equipment items before it will be offered for sale to the first purchaser for purposes other than resale."

The regulations require separate labels for each vehicle since it is the individual vehicle, and not the lot, which does not conform.

(Illegible word) @ 12.08(c) indicates, a release under the bond is required only when declaration is filed pursuant to subsection (b)(2)(iii) and not subsection (b)(2)(iv).