Interpretation ID: nht89-1.42

TYPE: INTERPRETATION-NHTSA

DATE: 03/20/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: PETER J. YANOWITCH -- DAVIS, MARKEL, & EDWARDS

TITLE: IMPORTATION OF PORSCHE 959

ATTACHMT: LETTER DATED 02/27/89 FROM PETER J. YANOWITCH TO ERIKA Z. JONES -- NHTSA, RE IMPORTATION OF PORSCHE MODEL 959,0CC 3188

TEXT: Dear Mr. Yanowitch:

This is in reply to your letter of February 27, 1989, requesting a response by March 10 as to whether the Department would permit the importation of a Porsche 959 pursuant to 19 CFR 12.80(b)(1)(v).

Specifically, you represent a non-resident of the United States who wishes to import such a vehicle, and operate it on the public roads of this country during the 1-year period. You have asked for confirmation in writing that if the vehicle is imported on this basis that "the Department of Transportation would not have jurisdiction to impound, confiscate, destroy, require a bond, or otherwise take any action with respect to the vehicle, so long as the non-resident fully complies with the provisions" of 12.80(b)(1)(v), and, further, that the Department "would not object to the non-resident driving this vehicle on the road" while it is the United States. You also state that your client is prepared to submit "sworn testimony that he will comply with the requirements of the United States Customs Regulations."

Under 19 CFR 12.80(b)(1), each vehicle offered for introduction into the Customs territory of the United States shall be denied entry unless the importer files a declaration which declares that "(v) The importer . . . is a non-resident of the United Stat es, is importing the vehicle . . . primarily for personal use for a period not exceeding 1 year from the date of entry, will not sell it in the United States during that period, and has stated his passport number and country of issue . . . in the declara tion." This provision was adopted in recognition of international treaties to which the United States is a party, which intended to assure the free flow of international road traffic. However, this agency does not construe either the regulation or the t reaties as conferring an absolute right upon any non-resident to import a non-conforming vehicle if considerations of policy dictate a determination that such entry would not be in the interests of the United States. Chief among these considerations is whether the importer has previously imported a motor vehicle in violation of the importation regulations.

Accordingly, we wish to review your client's declaration before the time the vehicle arrives at the port of entry. I enclose a copy of our Form HS-7 for its completion and return to us. We request that a photocopy of the title or other certificate of o wnership be enclosed as well. We also ask that a statement be attached to the declaration, so that it becomes a part of it and subject to penalties in the event that it is false or misleading, in which your client discloses whether he has ever imported into the United States any motor vehicle manufactured on or after January 1, 1968, and, if the answer is affirmative, to provide the make, model, and port and approximate date of entry, and the name of the importer or cosignee as it appeared on the decla ration. Finally, we also request an affirmation from your client that he will not sell the vehicle, or offer it for sale, either before or during the stay in the United States, and that he will export it at the end of the 1-year period.

We have received and reviewed the declaration and statement we shall be pleased to consider this matter further, and we shall answer your questions at that time.

Sincerely,

ENCLOSURE