REGISTERED IMPORTER NEWSLETTER No. 13
National Highway Traffic Safety Administration
Office of Vehicle Safety Compliance
May 1999

CANADIAN IMPORT PROCESS

Items 1-10 summarize your duties and responsibilities during the importation process. Items 11 and 12 identify your recall and reporting obligations after the importation process.

• Theft prevention markings must be inscribed on the required parts prior to importation if the vehicle is subject to Part 541.
• At time of entry a DOT bond must be posted by the RI or the person importing the vehicle under contract with an RI. If the RI is not the importer of record, then the Customs entry and the conformity package must contain a copy of the contract between the RI and the importer of record. (i.e., importer of a vehicle for personal use)
• The vehicle must go directly to the RI's facility, which was approved by NHTSA.
• Check and if necessary, perform work required by all outstanding recalls on the vehicle.
• The RI performs all modifications required to bring the vehicle into conformity.
• Upon completion of the modifications the RI permanently affixes its certification label to the vehicle at its facility.
• Prepare the conformity package. The RI must sign the Statement of Conformity.
• The RI maintains possession of the vehicle at its facility for 30 days after submission of the conformity package to NHTSA. Vehicles may be released in less than 30 days, if the RI receives a bond release letter from NHTSA .
• Prior to releasing the vehicle, the RI places a copy of the bond release letter and the recall warranty policy in the glove box of the vehicle.
• The vehicle may now be released and titled for highway use.

Post importation

• Notify and remedy vehicles conformed by the RI for 8 years after importation.
• Submit quarterly recall status reports to NHTSA for 6 quarters or until all vehicles imported by the RI that are subject to the recall have been remedied.

CIVIL PENALTY, REVOCATION/SUSPENSION OF RI REGISTRATION, SEIZING OF VEHICLES

There are RIs who are not following all of the above requirements. Failure to adhere to the above requirements has and will be enforced. Enforcement actions will result in civil penalties, suspension or revocation of RI registration, and seizure of vehicles by Customs. A list of the enforcement actions taken will appear periodically in the Newsletter.

CONFORMITY PACKAGES

Too many conformity packages do not contain all of the required information. If you are not certain what belongs in the conformity package look at Newsletter 11. Many packages do not contain all of the required photos or the photos are out of focus and therefore are useless. In the past you have been reminded of shortcomings. This will no longer be the practice. After July 1, 1999, if a conformity package does not contain all of the required information it will returned. The submittal will not be counted as a bonafide submission of the conformity package since the conformity package was incomplete. Failure to submit an acceptable package within 120 days will result in forfeiture of the DOT bond.

COVER SHEET FOR CONFORMITY PACKAGES

When submitting groups of conformity packages please add a cover sheet to the package that identifies all vehicles in the group by year, make, model, and VIN. The cover sheet should also contain a statement to charge the fees to your credit card, or if paying by check, it should contain the check number and the amount.

MARKING ODOMETER KM

In the past we have accepted marking the odometer "KM" as meeting the requirements of FMVSS No. 101. Many have applied the marking on the clear plastic cover of the display. It appears that when the odometer is marked in this manner the "KM" is not permanent, since vehicles inspected at a later date no longer had the "KM". Effective July 1, 1999, the "KM" must be marked on the face of the display. Marking "KM" on the clear cover will not constitute the odometer being marked "KM". Photographs of the replaced speedometer/odometer or the odometer marked "KM" will be required in all conformity packages. Conformity packages that do not have a photograph with the odometer marked in this manner will be returned as an incomplete package.

MOTORCYCLE IMPORTATION

All motorcycles imported for resale from Canada must be imported by an RI. This includes all Harley Davidson motorcycles because the Canadian certification has been misinterpreted as a U.S. certification. The photo documentation required includes the following: speedometer compliance with FMVSS No 123, the Canadian maple leaf, the RI label prior to affixing, and the RI label permanently affixed to the vehicle.

CHANGE OF FACILITIES

If you want to change or add facilities i.e. modification facility, record storage location, or vehicle storage location you must submit a video and a copy of the lease or ownership documentation for the new facility to NHTSA and obtain approval before you may use the facility. The type of documentation required is the same as when you initially became an RI. Changes in mailing address, phone or fax numbers, and e-mail address must be submitted no later than 30 days after the change.

US PHONE AND FAX NUMBERS

An RI is a company located in the U.S. All phone and fax numbers for that company must therefore be U.S. numbers (cell phone numbers are not acceptable). If your phone or fax number on record with NHTSA is located outside of the U.S. or is a cell phone number, you have until July 1, 1999, to provide a new number. This newsletter is to be considered your notification on which you have 30 days to respond before action is taken. Failure to provide phone and fax numbers for your company will result in suspension of your registration for six months.

IMPORTATION FOR ANOTHER RI

An RI cannot import vehicles for another RI. This is considered contracting out the duties of an RI which is prohibited.

CERTIFICATION LABELS

RI certification labels must contain block lettering in accordance with Part 567. The information can not be hand written on the label. The information typed on the label must not smear when washed with soap and water and the label must be permanently affixed.

STATEMENT OF CONFORMITY

A new Statement of Conformity is attached. The new statement adds FMVSS No. 135, which applies to passenger cars manufactured on or after 9-1-00, MPVs, trucks and buses with a GVWR less than 3,500 kg manufactured on or after 9-1-02. Manufacturers, however, may now certify to the requirements of this standard instead of FMVSS No. 105. Currently the following vehicles are certified to FMVSS No. 135 not FMVSS No. 105: Acura, BMW 328i, Buick Regal, Ford Windstar, Ford Mustang, Ford Contour, Mercury Cougar, Oldsmobile Intrigue, Saab 9-5, and Toyota Solara.

ELECTRONIC ENTRY

Many electronic entries filed by brokers contain incorrect information. Ensure that you provide your broker with correct information for the year, make, model, VIN and eligibility number of the vehicle as well as the name of your surety company. You should also check with your broker periodically to ensure that Customs entries that identify you as the RI are for vehicles that you have imported.