DOT 49 CFR PART 591-2010 IMPORTATION OF VEHICLES AND EQUIPMENT SUBJECT TO FEDERAL SAFETY BUMPER AND THEFT PREVENTION STANDARDS.pdf

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1、309 Natl Highway Traffic Safety Admin., DOT 591.2 588.3 Applicability. This part applies to manufacturers of child restraint systems, except factory- installed built-in restraints. 588.4 Definitions. (a) Statutory definitions. All terms de-fined in section 102 of the National Traffic and Motor Vehic

2、le Safety Act (15 U.S.C. 1391) are used in their statu-tory meaning. (b) Motor Vehicle Safety Standard defi-nitions. Unless otherwise indicated, all terms used in this part that are defined in the Motor Vehicle Safety Standards, part 571 of this subchapter (hereinafter the Standards), are used as de

3、fined in the Standards. (c) Definitions used in this part. Child restraint system is used as de-fined in S4 of 49 CFR 571.213, Child Re-straint Systems. Factory-installed built-in child restraint system is used as defined in S4 of 49 CFR 571.213. Owners include purchasers. Registration form means th

4、e form pro-vided with a child restraint system in compliance with the requirements of 49 CFR 571.213, and any communication from an owner of a child restraint to the manufacturer that provides the re-straints model name or number and the owners name and mailing address. 588.5 Records. Each manufactu

5、rer, or manufactur-ers designee, shall record and main-tain records of the owners of child re-straint systems who have submitted a registration form. The record shall be in a form suitable for inspection such as computer information storage de-vices or card files, and shall include the names, mailin

6、g addresses, and if col-lected, se-mail addresses of the owners, and the model name or number and date of manufacture (month, year) of the owners child restraint systems. 70 FR 53579, Sept. 9, 2005 588.6 Record retention. Each manufacturer, or manufactur-ers designee, shall maintain the infor-mation

7、 specified in 588.5 of this part for a registered restraint system for a period of not less than six years from the date of manufacture of that re-straint system. PARTS 589590 RESERVED PART 591IMPORTATION OF VEHI-CLES AND EQUIPMENT SUBJECT TO FEDERAL SAFETY, BUMPER AND THEFT PREVENTION STAND-ARDS Se

8、c. 591.1 Scope. 591.2 Purpose. 591.3 Applicability. 591.4 Definitions. 591.5 Declarations required for importation. 591.6 Documents accompanying declara-tions. 591.7 Restrictions on importations. 591.8 Conformance bond and conditions. 591.9 Petitions for remission or mitigation of forfeiture. 591.10

9、 Offer of cash deposits or obligations of the United States in lieu of sureties on bonds. APPENDIX A TO PART 591SECTION 591.5(f) BOND FOR THE ENTRY OF A SINGLE VEHI-CLE APPENDIX B TO PART 591SECTION 591.5(f) BOND FOR THE ENTRY OF MORE THAN A SINGLE VEHICLE APPENDIX C TO PART 591POWER OF ATTOR-NEY AN

10、D AGREEMENT AUTHORITY: Pub. L. 100562, 49 U.S.C. 322(a), 30117, 3014130147; delegation of authority at 49 CFR 1.50. SOURCE: 54 FR 40078, Sept. 29, 1989, unless otherwise noted. 591.1 Scope. This part establishes procedures gov-erning the importation of motor vehi-cles and motor vehicle equipment sub

11、-ject to the Federal motor vehicle safe-ty, bumper, and theft prevention stand-ards. 55 FR 11378, Mar. 28, 1990 591.2 Purpose. The purpose of this part is to ensure that motor vehicles and motor vehicle equipment permanently imported into the United States conform with theft prevention standards iss

12、ued under part 541 of this chapter and that they con-form with, or are brought into con-formity with, all applicable Federal motor vehicle safety standards issued under part 571 of this chapter and VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 2

13、20218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-310 49 CFR Ch. V (10110 Edition) 591.3 bumper standards issued under part 581 of this chapter. The purpose of this part is also to ensure that noncon-forming vehic

14、les and equipment items imported on a temporary basis are ulti-mately either exported or abandoned to the United States. 55 FR 11378, Mar. 28, 1990 591.3 Applicability. This part applies to any person offer-ing a motor vehicle or item of motor vehicle equipment for importation into the United States

15、. 55 FR 11378, Mar. 28, 1990 591.4 Definitions. All terms used in this part that are defined in 49 U.S.C. 30102, 32101, 32301, 32502, and 33101 are used as defined in those sections except that the term model year is used as defined in part 593 of this chapter. Administrator means the Adminis-trator

16、 of NHTSA. NHTSA means the National Highway Traffic Safety Administration of the Department of Transportation. Dutiable value means entered value, as determined by the Secretary of the Treasury. Original manufacturer means the enti-ty responsible for the original manu-facture or assembly of a motor

17、vehicle, and does not include any person (other than such entity) who converts the motor vehicle after its manufacture to conformance with the Federal motor vehicle safety standards. Reconstructed motor vehicle means a motor vehicle whose body is less than 25 years old and which is mounted on a chas

18、sis or frame that is not its original chassis or frame and that is less than 25 years old. Salvage motor vehicle means a motor vehicle, whether or not repaired, which has been: (1) Wrecked, destroyed, or damaged, to the extent that the total estimated or actual cost of parts and labor to re-build or

19、 reconstruct the motor vehicle to its pre-accident condition and for legal operation on the streets, roads, or highways, exceeds 75 percent of its re-tail value at the time it was wrecked, destroyed, or damaged; or (2) Wrecked, destroyed, or damaged, to which an insurance company ac-quires ownership

20、 pursuant to a damage settlement (other than a damage set-tlement in connection with a recovered theft vehicle unless such motor vehicle sustained sufficient damage to meet the 75 percent threshold specified in the first sentence); or (3) Voluntarily designated as such by its owner, without regard t

21、o the extent of the motor vehicles damage and re-pairs. 54 FR 40078, Sept. 29, 1989, as amended at 55 FR 3747, Feb. 5, 1990; 55 FR 11378, Mar. 28, 1990; 59 FR 52097, Oct. 14, 1994; 60 FR 57954, Nov. 24, 1995; 69 FR 52092, Aug. 24, 2004 591.5 Declarations required for im-portation. No person shall im

22、port a motor vehi-cle or item of motor vehicle equipment into the United States unless, at the time it is offered for importation, its importer files a declaration, in dupli-cate, which declares one of the fol-lowing: (a)(1) The vehicle was not manufac-tured primarily for use on the public roads and

23、 thus is not a motor vehicle subject to the Federal motor vehicle safety, bumper, and theft prevention standards; or (2) The equipment item is not a sys-tem, part, or component of a motor ve-hicle and thus is not an item of motor vehicle equipment subject to the Fed-eral motor vehicle safety, bumper

24、, and theft prevention standards. (b) The vehicle or equipment item conforms with all applicable safety standards (or the vehicle does not con-form solely because readily attachable equipment items which will be at-tached to it before it is offered for sale to the first purchases for purposes other

25、than resale are not attached), and bumper and theft prevention standards, and bears a certification label or tag to that effect permanently affixed by the original manufacturer to the vehicle, or by the manufacturer to the equipment item or its delivery con-tainer, in accordance with, as applica-ble

26、, parts 541, 555, 567, 568, and 581, or 571 (for certain equipment items) of this chapter. (c) The vehicle or equipment item does not comply with all applicable VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with C

27、FRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-311 Natl Highway Traffic Safety Admin., DOT 591.5 Federal motor vehicle safety, bumper, and theft prevention standards, but is intended solely for export, and the ve-hicle or equipment item, and the o

28、ut-side of the container of the equipment item, if any, bears a label or tag to that effect. (d) The vehicle does not conform with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, but the importer is eligible to import it because: (1) (S)he is a nonresident of the

29、 United States and the vehicle is reg-istered in a country other than the United States, (2) (S)he is temporarily importing the vehicle for personal use for a period not to exceed one year, and will not sell it during that time, (3) (S)he will export it not later than the end of one year after entry

30、, and (4) The declaration contains the im-porters passport number and country of issue. (e) The vehicle or equipment item re-quires further manufacturing oper-ations to perform its intended func-tion, other than the addition of readily attachable equipment items such as mirrors, wipers, or tire and

31、rim assem-blies, or minor finishing operations such as painting, and any part of such vehicle that is required to be marked by part 541 of this chapter is marked in accordance with that part. (f) The vehicle does not conform with all applicable Federal motor vehicle safety and bumper standards (but

32、does conform with all applicable Federal theft prevention standards), but the importer is eligible to import it be-cause: (1) The importer has furnished a bond in an amount equal to 150% of the duti-able value of the vehicle, containing the terms and conditions specified in section 591.8; and (2)(i)

33、 The importer has registered with NHTSA pursuant to part 592 of this chapter, and such registration has not been revoked or suspended, and the Administrator has determined pursu-ant to part 593 of this chapter that the model and model year of the vehicle to be imported is eligible for importation in

34、to the United States; or (ii) The importer has executed a con-tract or other agreement with an im-porter who has registered with NHTSA pursuant to part 592 of this chapter and whose registration has not been sus-pended or revoked; and the Adminis-trator has determined pursuant to part 593 of this ch

35、apter that the model and model year of the vehicle to be im-ported is eligible for importation into the United States; and (3) The vehicle is not a salvage motor vehicle or a reconstructed motor vehi-cle. (g) (For importations for personal use only) The vehicle was certified by its original manufact

36、urer as complying with all applicable Canadian motor ve-hicle safety standards and its original manufacturer has informed NHTSA that it complies with all applicable Federal motor vehicle safety, bumper, and theft prevention standards, or that it complies with all such standards ex-cept for the label

37、ing requirements of Federal Motor Vehicle Safety Stand-ards Nos. 101 and 110 or 120, and/or the specifications of Federal Motor Vehicle Safety Standard No. 108 relating to daytime running lamps. The vehicle is not a salvage motor vehicle, a repaired salvage motor vehicle, or a recon-structed motor v

38、ehicle. (h) The vehicle does not conform with all applicable Federal motor vehi-cle safety, bumper, and theft preven-tion standards, but the importer is eli-gible to import it because (s)he: (1)(i) Is a member of the personnel of a foreign government on assignment in the United States, or a member o

39、f the Secretariat of a public international organization so designated under the International Organization Immunities Act, and within the class of persons for whom free entry of motor vehicles has been authorized by the Department of State; (ii) Is importing the motor vehicle on a temporary basis f

40、or the personal use of the importer, and will register it through the Office of Foreign Missions of the Department of State; (iii) Will not sell the vehicle to any person in the United States, other than a person eligible to import a vehicle under this paragraph; and (iv) Will obtain from the Office

41、 of Foreign Missions of the Department of State, before departing the United States at the conclusion of a tour of VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction

42、 or networking permitted without license from IHS-,-,-312 49 CFR Ch. V (10110 Edition) 591.6 duty, an ownership title to the vehicle good for export only; or (2)(i) Is a member of the armed forces of a foreign country on assignment in the United States; (ii) Is importing the vehicle on a temporary b

43、asis, and for the personal use of the importer; (iii) Will not sell the vehicle to any person in the United States, other than to a person eligible to import a vehicle under this subsection; and (iv) Will export the vehicle upon de-parting the United States at the con-clusion of a tour of duty. (i)(

44、1) The vehicle is 25 or more years old. (2) The equipment item was manufac-tured on a date when no applicable safety or theft prevention standard was in effect. (j)(1) The vehicle or equipment item does not conform with all applicable Federal motor vehicle safety and bumper standards, but is being i

45、m-ported solely for the purpose of: (i) Research; (ii) Investigations; (iii) Show or display; (iv) Demonstrations or training; or (v) Competitive racing events; (2)(i) The importer has received writ-ten permission from NHTSA; or (ii) The importer is an original manu-facturer of motor vehicles (or a

46、wholly owned subsidiary thereof) that are cer-tified to comply with all applicable Federal motor vehicle safety stand-ards; and (3) The importer will provide the Ad-ministrator with documentary proof of export or destruction not later than 30 days following the end of the period for which the vehicl

47、e has been admitted into the United States. (k) The equipment item is subject to the theft prevention standard, and is marked in accordance with the require-ments of part 541 of this chapter. 54 FR 40078, Sept. 29, 1989, as amended at 55 FR 3747, Feb. 5, 1990; 55 FR 11378, Mar. 28, 1990; 55 FR 17439

48、, Apr. 25, 1990; 57 FR 2047, Jan. 17, 1992; 57 FR 44703, Sept. 29, 1992; 59 FR 31560, June 20, 1994; 64 FR 37882, July 14, 1999; 69 FR 52092, Aug. 24, 2004 591.6 Documents accompanying dec-larations. Declarations of eligibility for impor-tation made pursuant to 591.5 must be accompanied by the follo

49、wing certifi-cation and documents, where applica-ble. (a) A declaration made pursuant to 591.5(a) shall be accompanied by a statement substantiating that the ve-hicle was not manufactured for use on the public roads, or that the equipment item was not manufactured for use on a motor vehicle or is not an item of motor vehicle equipment. (b) A declaration made pursuant to 591.5(e) shall be accompanied by: (1) (For a motor vehicle)