Interpretation ID: nht71-2.19

DATE: 03/23/71

FROM: AUTHOR UNAVAILABLE; Douglas W. Toms; NHTSA

TO: Mercedes-Benz of North America Inc.

TITLE: FMVSR INTERPRETATION

TEXT: In your letter of February 19 you ask about the possibility of "marketing" a total of 350 Mercedes-Benz C-111 vehicles in the United States which would not conform to all applicable Federal motor vehicle safety standards.

I have checked this matter out with our legal staff and am advised that it is not possible to import and sell vehicles in the United States unless they meet all Federal standards, or unless they have been exempted from compliance pursuant to Section 123 of the National Traffic and Motor Vehicle Safety Act of 1966. Such an exemption is not, as you know, available to Mercedes-Benz since your total annual motor vehicle production greatly exceeds 500 units.

It is possible, however, under our importation regulations (19 CFR @ 12.80(b)(2)(vii)), to enter nonconforming vehicles for a period of up to one year and operate them on the public roads for purposes of test and experimentation provided that the vehicles are exported at the end of that time and are not sold in the interim. Leasing of the vehicle would be permitted during this period.