| Title: | CANADIAN MOTOR VEHICLES |
|---|---|
| Date: | 1995-03-15 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : LEO WELLS
SUBJECT : CANADIAN MOTOR VEHICLES
DATE : 03/10/95
5054111
FEBRUARY 23, 1995
RES-1-FO:TC:IO:C LW
CATEGORY: RES
TO: ALL REGIONAL DIRECTORS (COMMERCIAL OPERATIONS), DISTRICT,
AREA AND PORT DIRECTORS OF CUSTOMS
FROM: DIRECTOR, OFFICE OF TRADE COMPLIANCE
RE: IMPORTATION OF MOTOR VEHICLES FROM CANADA - DOT REQUIREMENTS
THE FOLLOWING INFORMATION RELATES TO DEPARTMENT OF TRANSPOR-
TATION (DOT) SAFETY STANDARD REQUIREMENTS AND CUSTOMS ENTRY
PROCEDURES APPLICABLE TO IMPORTED MOTOR VEHICLES FROM CANADA. IT
SUPERSEDES OUR PREVIOUS EMAIL MESSAGE 2206113 OF JULY 24, 1992
(SUBJECT: "IMPORTATION OF CANADIAN MARKET VERSION VEHICLES NOT IN
COMPLIANCE WITH DOT MOTOR VEHICLE SAFETY STANDARDS").
THERE HAS BEEN MUCH CONFUSION IN THIS MATTER BECAUSE THE GENERAL
APPEARANCE OF MANY U.S. MODELS IS SIMILAR TO CANADIAN
COUNTERPARTS AND THE ORIGINAL MANUFACTURER'S SAFETY CERTIFICATION
LABELS FOR CONFORMANCE TO CANADIAN FEDERAL STANDARDS CAN LOOK
ALMOST EXACTLY LIKE LABELS REQUIRED FOR U.S. CONFORMANCE. IN THE
ABSENCE OF EVIDENCE TO THE CONTRARY, ANY VEHICLE ORIGINALLY SOLD,
REGISTERED OR LICENSED IN CANADA MUST BE CONSIDERED AS NOT
CONFORMING TO U.S. SAFETY STANDARDS FOR CUSTOMS ENTRY PURPOSES.
ACTIONS:
1. PERMANENT ENTRY OF CANADIAN CERTIFIED VEHICLES
ONE OF THE FOLLOWING ENTRY PROCEDURES RELATING TO THE DOT
SAFETY STANDARDS SHALL BE USED FOR PERMANENT ENTRY OF
CANADIAN CERTIFIED VEHICLES. IN THIS REGARD, PLEASE REFER TO
THE AUGUST 1993 REVISED DOT FORM HS-7 "DECLARATION".
A. IF A VEHICLE IS IMPORTED BY AN INDIVIDUAL FOR PERSONAL USE,
BOX 2(B), WHICH REQUIRES TWO ATTACHMENTS, MAY APPLY. THE
IMPORTER NEEDS A LETTER FROM THE ORIGINAL MANUFACTURER OF
THE VEHICLE (CONFIRMING THAT IT WAS MANUFACTURED TO CONFORM
WITH ALL U.S. FEDERAL MOTOR VEHICLE SAFETY STANDARDS
EXCEPT LABELLING REQUIREMENTS) AS ONE ATTACHMENT TO THE
HS-7. IN ORDER TO OBTAIN THE REQUIRED DOT PERMISSION
LETTER, THE IMPORTER WILL NEED TO SEND A COPY OF THE MANU-
FACTURER'S LETTER TO THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION (NHTSA) OF DOT ALONG WITH A REQUEST FOR
PERMISSION TO IMPORT THE VEHICLE.
IF THE IMPORTER OBTAINS A FAVORABLE NHTSA REPLY, A COPY OF
SUCH LETTER WOULD BE SATISFACTORY AS THE SECOND ATTACHMENT
UNDER THE PROVISIONS OF BOX 2(B) OF THE HS-7 FORM. WHEN THE
COMPLETED HS-7 AND BOTH ATTACHMENTS ARE PRESENTED TO
CUSTOMS, THE INSPECTOR SHOULD VERIFY THAT ALL DOCUMENTS
HAVE THE SAME VEHICLE IDENTIFICATION NUMBER (VIN) AS THE
VEHICLE.
B. IF A VEHICLE IS IMPORTED FOR THE PURPOSE OF RESALE IN THE
U.S., THE IMPORTER MUST BE REGISTERED BY NHTSA AND BOX 3
OF HS-7 FORM APPLIES OR, IF NOT, THE ALTERNATIVE PROVISIONS
OF BOX 3 APPLY. IN THE FORMER CASE, THE REGISTERED
IMPORTER'S NAME, DOT REGISTRATION NUMBER AND VEHICLE
ELIGIBILITY NUMBER MUST BE RECORDED IN THE DESIGNATED
SPACES NEAR THE TOP OF THE HS-7 FORM AND THE REGISTERED
IMPORTER IS SHOWN AS THE IMPORTER OF RECORD AT THE BOTTOM
OF THE FORM. A DOT BOND IS A NECESSARY ATTACHMENT FOR ANY
ENTRY UNDER THE PROVISIONS OF BOX 3 OF THE HS-7 FORM.
CUSTOMS HEADQUARTERS DISSEMINATES TO FIELD OFFICES THE
CURRENT REGISTERED IMPORTER LIST.
C. IF A VEHICLE DOES NOT QUALIFY FOR EITHER OF THE ABOVE DOT
ENTRY PROCEDURES, THE ALTERNATIVE PROVISIONS OF BOX 3 OF
THE HS-7 FORM APPLY. IN THIS CASE, THE IMPORTER WHO OWNS
THE VEHICLE WILL NEED TO ATTACH A COPY OF A CONTRACT WITH A
REGISTERED IMPORTER IN ADDITION TO THE REQUIRED DOT BOND.
FOR EXAMPLE, IMPORTERS OF COMMERCIAL VEHICLES SUCH AS
HEAVY TRUCKS AND BUSES AND PASSENGER CARS OF 1990 MODEL
YEAR OR NEWER WITHOUT AUTOMATIC RESTRAINTS WILL NEED TO USE
THIS ENTRY PROCEDURE.
D. IF A VEHICLE WAS FIRST SOLD BY A FACTORY AUTHORIZED
DEALERSHIP TO A CONSUMER IN THE U.S. BEFORE BEING TAKEN
INTO CANADA, THE ORIGINAL MANUFACTURER'S U.S. CERTIFI-
CATION LABEL REMAINS PERMANENTLY AFFIXED AND THE VEHICLE
HAS NOT APPARENTLY BEEN ALTERED SO AS NOT TO CONFORM WITH
U.S. STANDARDS, IT MAY BE RETURNED UNDER THE PROVISIONS OF
BOX 2(A) ON FORM HS-7.
2. INDICATIONS OF CANADIAN VERSION VEHICLES
IN CASE OF DOUBT CONCERNING WHETHER A VEHICLE HAS BEEN
CERTIFIED TO U.S. OR CANADA FEDERAL MOTOR VEHICLE STANDARDS,
A CUSTOMS INSPECTOR CAN LOOK FOR ONE OR MORE OF THE FOLLOWING
INDICATIONS OF A CANADIAN VERSION VEHICLE.
A. MAPLE LEAF SAFETY MARK OF TRANSPORT CANADA ON, OR ADJACENT
TO, THE ORIGINAL MANUFACTURER'S SAFETY CERTIFICATION LABEL.
B. "CANADIAN" IS USED IN THE TEXT OF THE SAFETY CERTIFICATION
LABEL ON THE DRIVER'S DOOR, OR THE WORD "UNITED STATES"
(OR "U.S.") DOES NOT APPEAR.
C. WEIGHT DATA IS IN KILOGRAMS ONLY (GVWR AND GAWR).
D. SPEEDOMETER GRADUATIONS IN KILOMETERS PER HOUR (KM/HR) ONLY
AND/OR ODOMETER INDICATES DISTANCE IN KILOMETERS (KM) BUT
IT IS NOT SO DESIGNATED.
E. HEADLAMP WITHOUT "DOT" SYMBOL ON LENS.
F. PASSENGER CAR MANUFACTURED AFTER SEPTEMBER 1, 1985, WITHOUT
HIGH MOUNTED STOPLAMP MOUNTED ON THE VERTICAL CENTERLINE
OF THE CAR.
G. PASSENGER CAR MANUFACTURED AFTER SEPTEMBER 1, 1989, WITHOUT
AUTOMATIC RESTRAINTS (AIR BAG OR AUTOMATIC BELT).
H. AIR BRAKED VEHICLE WITHOUT BRAKES ON THE FRONT AXLE.
I. WORD "BRAKE" NOT ON BRAKE FAILURE WARNING LAMP.
J. DAYTIME RUNNING LIGHTS.
3. CURRENCY EXCHANGE RATES
DURING THESE TIMES OF FAVORABLE DOLLAR EXCHANGE RATES, IT IS
RECOMMENDED THAT ALL IMPORTERS OF CANADIAN VEHICLES ENTERING
UNDER TEMPORARY VISIT DECLARATIONS BE ADVISED THAT SUCH
VEHICLES MAY NOT BE SOLD IN THE U.S.
4. QUESTIONS ABOUT ISSUANCE
QUESTIONS BY CUSTOMS OFFICERS CONCERNING THIS ISSUANCE SHOULD
BE DIRECTED TO CUSTOMS HEADQUARTERS, OFFICE OF TRADE
COMPLIANCE, COMMERCIAL ENFORCEMENT BRANCH, AT (202) 927-0771
OR (202) 927-0028.
IMPORTER/BROKER/PUBLIC INQUIRIES RELATING TO DOT REQUIREMENTS
SHOULD BE DIRECTED TO DOT HEADQUARTERS AT (202) 366-5286.
PHILIP METZGER