Note that I am making no efforts to update this document. I copied this document from the results of a search performed on 6 Aug 96.
Sec.
592.1 Scope.
592.2 Purpose.
592.3 Applicability.
592.4 Definitions.
592.5 Requirements for registration and its maintenance.
592.6 Duties of a registered importer.
592.7 Revocation, suspension and reinstatement of registration.
592.8 Inspection; release of vehicle and bond.
Authority: Pub. L. 100-562, 15 U.S.C. 1401, 1407; delegation of
authority at 49 CFR 1.50.
Source: 54 FR 40090, Sept. 29, 1989, unless otherwise noted.
Administrator means the Administrator, National Highway Traffic
Safety Administration.
NHTSA means the National Highway Traffic Safety Administration.
Registered Importer means any person that the Administrator has
registered as an importer pursuant to section 592.5(b).
(a) Any person wishing to register as an importer of motor
vehicles not originally manufactured to conform to all applicable
Federal motor vehicle safety standards must file an application
which:
(1) Is headed with the words 'Application for Registration as
Importer', and submitted in three copies to: Administrator,
National Highway Traffic Safety Administration, Room 6115, 400 7th
Street SW., Washington, DC 20590, Attn: NEF-32 Importer
Registration.
(2) Is written in the English language.
(3) Sets forth the full name, address, and title of the person
preparing the application, and the name, address, and telephone
number of the person for whom application is made.
(4) Sets forth, as applicable, the names of all owners, including
shareholders, partners, or sole proprietors, of the person for whom
application is made.
(5) If any of the owners listed in paragraph (a)(4) of this
section are corporations, sets forth the names of all shareholders
of such corporation whose ownership interest is 10 percent or
greater.
(6) Contains a statement that the applicant has never had a
registration revoked pursuant to Sec. 592.7, nor is it or was it,
directly or indirectly, owned or controlled by, or under common
ownership or control with, a person who has had a registration
revoked pursuant to Sec. 592.7.
(7) Contains a certified check payable to the Treasurer of the
United States, for the amount of the initial annual fee established
pursuant to part 594 of this chapter.
(8) Contains a copy of a contract to acquire, effective upon its
registration as an importer, a prepaid mandatory service insurance
policy underwritten by an independent insurance company, or a copy
of such policy, in an amount that equals $2,000 for each motor
vehicle for which the applicant will furnish a certificate of
conformity to the Administrator, for the purpose of ensuring that
the applicant will be able financially to remedy any noncompliance
or safety related defect determined to exist in any such motor
vehicle in accordance with part 573 and part 577 of this chapter.
If the application is accompanied by a copy of a contract to
acquire such a policy, the applicant shall provide NHTSA with a
copy of the policy within 10 days after it has been issued to the
applicant.
(9) Sets forth in full data, views, and arguments of the
applicant sufficient to establish that the applicant will be able,
through a records system of acquiring and maintaining names and
addresses of owners of vehicles for which it furnishes a
certificate of conformity, and Vehicle Identification Numbers
(VINs) of such vehicles, to notify such owners that a noncompliance
or safety related defect exists in such vehicles, and that it will
be financially able to remedy a noncompliance or safety related
defect through repurchase or replacement of such vehicles, or
technically able through repair of such vehicles, in accordance
with part 573 and part 577 of this chapter.
(10) Segregates and specifies any part of the information and
data submitted under this part that the applicant wishes to have
withheld from public disclosure in accordance with part 512 of this
chapter.
(11) Contains a statement that the applicant will fully comply
with all duties of a registered importer as set forth in Sec.
592.6.
(12) Has the applicant's signature acknowledged by a notary
public.
(b) If the information submitted is incomplete, the Administrator
notifies the applicant of the areas of insufficiency, and that the
application is in abeyance.
(c) If the Administrator deems it necessary for a determination
upon the application, NHTSA conducts an inspection of the
applicant. Subsequent to the inspection, NHTSA calculates the
costs attributable to such inspection, and notifies the applicant
in writing that such costs comprise a component of the initial
annual fee and must be paid before a determination is made upon its
application.
(d) When the application is complete (and, if applicable, when a
sum representing the inspection component of the initial annual fee
is paid), it is reviewed and a determination made whether the
applicant should be granted the status of Registered Importer. Such
determination may be based, in part, upon an inspection by NHTSA of
the conformance, storage, and recordkeeping facilities of the
applicant. If the Administrator determines that the application is
acceptable, (s)he informs the applicant in writing that its
application is approved, and issues it a Registered Importer
Number. If the information is not acceptable, the Administration
informs the applicant in writing that its application is not
approved. No refund is made of those components of the initial
annual fee representing the costs of processing the application,
and conducting an inspection. Refund is made of that component of
the initial annual fee representing the remaining costs of
administration of the registration program.
(e) In order to maintain its registration, a Registered Importer
shall provide an annual statement that affirms that all information
provided under paragraphs (a)(4), (a)(5), (a)(6), (a)(9), and
(a)(11) of this section remains correct, and that includes a
current copy of its insurance policy procured pursuant to paragraph
(a)(8) of this section. Such statement shall be titled 'Yearly
Statement of Registered Importer', and shall be filed not later
than October 31 of each year. A Registered Importer shall also pay
such annual fee or fees as the Administrator may from time to time
establish under part 594 of this chapter. An annual fee shall be
paid not later than October 31 of any calendar year, and shall be
the annual fee for the fiscal year that began on October 1 of that
calendar year. Any other fee shall be payable not later than 30
calendar days after the date that the Administrator has notified
the Registered Importer of it in writing.
(f) A Registered Importer shall notify the Administrator in
writing of any change that occurs in the information which is
submitted in its application, not later than the end of the 30th
calender day after such change.
(g) A registration granted under this part is not transferable.
(54 FR 40090, Sept. 29, 1989, as amended at 54 FR 47088, Nov. 9,
1989; 55 FR 37330, Sept. 11, 1990)
Each Registered Importer shall:
(a) With respect to each motor vehicle that it imports into the
United States, furnish to the Secretary of the Treasury (acting on
behalf of the Administrator) a bond in an amount equal to 150 per
cent of the entered value of the vehicle, as determined by the
Secretary of the Treasury, to ensure that such vehicle either will
be brought into conformity with all applicable Federal motor
vehicle safety standards prescribed under part 571 of this chapter
within 120 calendar days after such importation, or will be
exported (at no cost to the United States) by the importer or the
Secretary of the Treasury, or abandoned to the United States.
(b) Establish, maintain, and retain for 8 years from the date of
entry of any nonconforming vehicle for which it furnishes a
certificate of conformity pursuant to paragraph (e) of this
section, organized records, correspondence and other documents
relating to the importation, modification, and substantiation of
certification of conformity to the Administrator, including but not
limited to:
(1) The declaration required by Sec. 591.5 of this chapter, and
19 CFR 12.80.
(2) All vehicle or equipment purchase or sales orders or
agreements, conformance agreements with importers other than
Registered Importers, and correspondence between the Registered
Importer and the owner or purchaser of each vehicle for which it
has furnished a certificate of conformity.
(3) The last known name and address of the owner or purchaser of
each motor vehicle for which it has furnished a certificate of
conformity, and the VIN number of such vehicle.
(4) Records, both photographic and documentary, reflecting the
modifications made and submitted to the Administrator pursuant to
paragraph (e) of this section.
(c) Records, both photographic and documentary, sufficient to
substantiate each subsequent certificate furnished to the
Administrator for a vehicle of the same model and model year for
which documentation has been furnished NHTSA in support of the
initial certificate.
(d) Permanently affix to each motor vehicle, upon completion of
modifications, a label that meets the requirements of Sec. 567.4 of
this chapter, which identifies the Registered Importer, and provide
to the Administrator a photocopy of the label attesting that such
vehicle has been brought into conformity with all applicable
Federal motor vehicle safety and bumper standards.
(e) Certify to the Administrator, upon completion of
modifications, that the vehicle has been brought into conformity
with all applicable Federal motor vehicle safety and bumper
standards, and that it is the person legally responsible for
bringing the vehicle into conformity.
(f) In substantiation of the initial certification provided for a
specific model and model year, submit to the Administrator
photographic and documentary evidence of conformance with each
applicable Federal motor vehicle safety and bumper standard, and
with respect to subsequent certifications of such model and model
year, such information, if any, as the Administrator may request.
(g) With respect to any motor vehicle for which it has furnished
a certificate of conformity to the Administrator, provide
notification and remedy according to part 573 and part 577 of this
chapter, under any determination.
(1) That a vehicle to which it is substantially similar, as
determined under part 593 of this chapter, incorporates a safety
related defect or fails to conform with an applicable Federal motor
vehicle safety standard. However, this obligation does not exist
if the manufacturer of the vehicle or Registered Importer
demonstrates to the Administrator that the defect or noncompliance
is not present in such vehicle.
(2) That the vehicle incorporates a safety related defect or
fails to conform with an applicable Federal motor vehicle safety
standard, without reference to whether such may exist in a vehicle
to which it is substantially similar, or whether such exists
because it was created by the original manufacturer or by the
Registered Importer.
(i) The requirement of 15 U.S.C. 1414(a)(2)(B) that remedy shall
be provided without charge shall not apply if the noncompliance or
safety related defect exists in a motor vehicle whose first sale
after importation occurred more than 8 calendar years before
notification respecting the failure to comply is furnished pursuant
to Part 577 of this chapter, except that if a safety related defect
exists and is attributable to the original manufacturer and not the
Registered Importer, the requirements of 15 U.S.C. 1414(a)(2)(B)
shall not apply to a motor vehicle whose date of first purchase, if
known, or, if not known, whose date of manufacture, as determined
by the Administrator, is more than 8 years from the date on which
notification is furnished pursuant to part 577 of this chapter.
(ii) Notification furnished pursuant to this paragraph and part
577 of this chapter shall include the statement that in the absence
of the Registered Importer's facility being within 50 miles of the
owner's mailing address for performance of repairs, such repairs
may be performed at a specific facility designated by the
Registered Importer within 50 miles, or, if no such facility is
designated, anywhere, and shall also include an explanation how
repair is to be accomplished without charge to the vehicle owner.
(h) In order to allow the Administrator to determine whether a
Registered Importer is meeting its statutory responsibilities,
admit representatives of NHTSA during operating hours, upon demand,
and upon presentation of credentials, to copy documents, or to
inspect, monitor, or photograph any of the following:
(1) Any facility where any vehicle, for which a Registered
Importer has the responsibility of providing a certificate of
conformity to applicable safety standards, is being modified,
tested, or stored;
(2) Any facility where any record or other document relating to
modification, testing, or storage of vehicles being conformed, is
filed;
(3) Any part or aspect of activities relating to the
modification, testing, and/or storage of vehicles by the Registered
Importer.
(4) Any motor vehicle for which it has provided a certification
of conformity to the Administrator, and which remains in its
custody or under its control.
(i) Maintain in effect a prepaid mandatory service insurance
policy underwritten by an independent insurance company as a
guarantor of its performance under paragraph (f) of this section.
(j) With respect to any motor vehicle it has imported and for
which it has furnished a performance bond, to deliver such vehicle
to the Secretary of the Treasury for export, or to abandon it to
the United States, upon demand by the Administrator if such vehicle
has not been brought into conformity with all applicable Federal
motor vehicle safety standards.
(54 FR 40090, Sept. 29, 1989, as amended at 54 FR 47088, Nov. 9,
1989)
(a) If the Administrator has not received any fee assessed and
owing by the end of the 30th calendar day after such fee is due and
payable, a registration is automatically suspended at the beginning
of the 31st calendar day, and the Registered Importer is
immediately notified in writing of the suspension at the address
contained in its most recent annual statement or amendment thereof.
(b) If the Administrator has reason to believe that a Registered
Importer has knowingly filed a false or misleading certification,
and that its registration should be automatically suspended or
revoked, (s)he notifies the Registered Importer in writing of the
facts giving rise to such reason to believe, affording an
opportunity to present data, views, and arguments, either in
writing or in person, within 30 calendar days after receipt of the
Administrator's letter, as to whether it has submitted false or
misleading certification, and as to why the registration ought not
to be revoked or suspended. The Administrator then makes a
decision after the 30-day period on the basis of all information
then available. If, after consideration of all the data available,
the Administrator determines that the Registered Importer has
knowingly filed a false or misleading certification, the
registration is automatically suspended or revoked, and the
Registered Importer notified in writing. Any suspension or
revocation is effective as of the date of the Administrator's
determination. The Administrator shall state the period of any
suspension in the notice to the Registered Importer.
(c) The Administrator may suspend a registration if a Registered
Importer fails to comply with any requirement set forth in 15
U.S.C. 1397(c)(3)(D), Sec. 592.5(c), or Sec. 592.6, or if s(he)
denies an application filed under Sec. 592.5(d). The Administrator
may revoke a registration after any failure to comply with any such
requirement, or if (s)he denies an application filed under Sec.
592.5(d). If the Administrator has reason to believe that there has
been such a failure to comply and that the Registered Importer's
registration should be revoked or suspended, (s)he notifies the
Registered Importer in writing, affording an opportunity to present
data, views, and arguments, either in writing or in person, within
30 calendar days after receipt of the Administrator's letter, as to
whether there has been a failure to comply and as to why the
registration ought not to be revoked or suspended. The
Administrator then makes a decision after the 30-day period on the
basis of all information then available. If the Administrator
determines that a registration should be revoked or suspended,
(s)he notifies the Registered Importer in writing. A revocation is
effective immediately. A suspension is effective beginning with a
date specified in the written notification.
(d) A Registered Importer whose registration has been revoked or
suspended may request reconsideration of the revocation or
suspension if the request is supported by factual matter which was
not available to the Administrator at the time the registration was
suspended or revoked.
(e) If its registration has been revoked, a Registered Importer
is ineligible to apply for reregistration under this part. No
refund is provided of any annual or other fees the Registered
Importer has paid for the fiscal year in which its registration is
revoked. If its registration has been suspended, it may file an
application for reinstatement of its registration.
(f) The Administrator shall reinstate a suspended registration if
the cause that led to the suspension no longer exists, as
determined by the Administrator, either upon the Administrator's
motion, or upon the submission of further information or fees by
the Registered Importer.
(a) With respect to any motor vehicle for which it is obligated
to provide a certificate of conformity to the Administrator as
required by Sec. 592.6(d), a Registered Importer shall not obtain
licensing or registration of the motor vehicle for use on the
public roads, or release custody of it for such licensing and
registration, except in accordance with the provisions of this
section.
(b) When conformance modifications to a motor vehicle have been
completed, a Registered Importer shall submit the certification
required by Sec. 592.6(d) to the Administrator. In certifying a
vehicle that the Administrator has determined to be substantially
similar to one that has been certified by its original manufacturer
for sale in the United States, the Registered Importer may rely on
any certification by the original manufacturer with respect to
identical safety features if it also certifies that any
modification that it undertook did not affect the compliance of
such safety features. Each submission shall be mailed by certified
mail, return receipt requested, or by private carriers such as
Federal Express, to: Administrator, National Highway Traffic Safety
Administration, Room 6115, 400 7th Street SW., Washington, DC,
20590, Attn: NEF-32, or be submitted electronically by FAX
(202-366-1024), or in person. Each submission shall identify the
location where the vehicle will be stored and is available for
inspection, pending NHTSA action upon the submission.
(c) Before the end of the 30th calendar day after receipt of
certification of a motor vehicle pursuant to Sec. 592.6(d), the
Administrator may inform the Registered Importer in writing that an
inspection of the vehicle is required to ascertain the veracity of
the certification. Written notice includes a proposed inspection
date, which is as soon as practicable. If inspection of the
vehicle indicates that the vehicle has been properly certified, at
the conclusion of the inspection the Registered Importer is
provided an instrument of release. If inspection of the vehicle
shows that the vehicle has not been properly certified, the
Registered Importer shall either make the modifications necessary
to substantiate its certification, and provide a new certification
for the standard(s) in the manner provided for in paragraph (b) of
this section, or deliver the vehicle to the Secretary of the
Treasury for export, or abandon it to the United States. Before the
end of the 30th calendar day after receipt of new certification,
the Administrator may require a further inspection in accordance
with the provisions of this subsection.
(d) The Administrator may by written notice request certification
verification by the Registered Importer before the end of the 30th
calendar day after the date the certification was received by the
Administrator. If the basis for such request is that the
certification is false or contains a misrepresentation, the
Registered Importer shall be afforded an opportunity to present
written data, views, and arguments as to why the certification is
not false or misleading or does not contain a misrepresentation.
The Administrator may require an inspection pursuant to paragraph
(c) of this section. The motor vehicle and performance bond
involved shall not be released unless the Administrator is
satisfied with the certification.
(e) If a Registered Importer has received no written notice from
the Administrator by the end of the 30th calendar day after it has
furnished a certification to the Administrator, the Registered
Importer may release from custody the vehicle that is covered by
the certification, or have it licensed or registered for use on the
public roads.
(f) If the Administrator accepts a certification without
requiring an inspection, (s)he notifies the Registered Importer in
writing, and provides a copy to the importer of record. Such
notification shall be provided not later than the 25th calendar day
after the Administrator has received such certification.
(g) Release of the performance bond shall constitute acceptance
of certification or completion of inspection of the vehicle
concerned, but shall not preclude a subsequent determination by the
Administrator pursuant to section 152 of the Act (15 U.S.C. 1451)
that the vehicle fails to conform to any applicable Federal motor
vehicle safety standard.
(54 FR 40090, Sept. 29, 1989, as amended at 54 FR 47088, Nov. 9,
1989; 55 FR 37330, Sept. 11, 1990)