Interpretation ID: nht76-1.8

DATE: 07/15/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Pacet International

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your June 15, 1976, question whether Arcoflex windshield wiper blades must be certified as being in compliance with Federal motor vehicle safety standards before they may be sold as aftermarket equipment through vehicle distributors' dealer parts programs.

Standard No. 104, Windshield Wiping and Washing Systems, requires vehicles to be equipped with a power-driven windshield wiping system that meets specified performance requirements. It is up to vehicle manufacturers to certify that each vehicle they produce conforms to the requirements of Standard No. 104, in accordance with the certification procedures specified in 49 CFR Part 567.

Standard No. 104 is not an equipment standard, however, and is not applicable to wiper blades sold in the aftermarket. Therefore, there is no requirement that Arcoflex windshield wiper blades be certified, so long as they are not installed on vehicles as part of the wiping system prior to the first sale of the vehicle.

Sincerely,

ATTACH.

PACET INTERNATIONAL

The Chief Counsel -- NHTSA

Gentlemen

This Company imports Arcoflex windshield wiper blades from Italy and sells them through the import aftermarket throughout the US. It is my understanding that your Department has no interest in this activity.

Recently, however, we have endeavored to sell our product to the import car manufacturers' US distributors for marketing through their dealer parts programs. The representatives of some of these companies have expressed the concern that, since they are wholly owned by the car manufacturers, your Department may wish for our product to be certified, even though it will not be used as original equipment on their cars.

Please be kind enough to clarify, therefore, whether or not Arcoflex wiper blades need to be certified by your Department before they may be sold through import car distributors' dealer parts programs.

Your immediate attention to this matter would be greatly appreciated, since important sales decisions depend upon your reply.

Yours very truly,

Peter W Mole