Interpretation ID: nht72-6.62

DATE: 01/26/72

FROM: RICHARD B. DYSON -- ASSISTANT CHIEF COUNSEL NHTSA

TO: K. NAKAJIMA -- TOYOTA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/90 FROM STEPHEN P. WOOD -- NHTSA ACTING CHIEF COUNSEL TO VIRVE AIROLA; LETTER AND BROCHURE DATED 04/14/89 FROM VIRVE AIROLA OF OY TUPPI AB TO NHTSA CONCERNING ITS FINLAND COMPANY'S RANGE OF PLASTIC TUBES AND HOSES PARTICULAR ITS AIR BRAKE TUBING

TEXT: This letter is in response to your request for interpretations of Section 110(e) of the Act and 49 CFR Part 566, manufacturer Identification as they affect foreign manufacturers of motor vehicle equipment.

You state that it is your understanding that under these provisions:

If a foreign covered equipment manufacturer supplies his products, including original and (Illegible Word) equipment, to a vehicle manufacturer outside the United States, and if this equipment manufacturer is not engaged in business in the United States in this regard:

(1) he is not necessarily required to establish his agent under the job;

(2) he is required to furnish the manufacturer identification information to NHTSA separately from the vehicle manufacturer to which he supplies his products.

Your interpretations of both provisions are correct. Section 110(c) requires that all manufacturers of motor vehicles or motor vehicle equipment, whether "covered" or not, which is offered for importation into the United States, designate an agent in the United States. However, if an equipment manufacturer produces equipment which is supplied only to foreign vehicle manufacturers, he will not be offering that equipment for importation into the United States, and he therefore need not designate an agent under the Act.

Part 566 requires that a manufacturer of "covered equipment" must submit the required information to NHTSA separately from the manufacturer to whom he supplies his products. As you suggest, this is true regardless of whether the equipment manufacturer is engaged in business in the United States, as long as the foreign vehicle manufacturer to whom the equipment manufacturer supplies his products is selling those products in the United States.

Please write if we can be of further assistance.