NHTSA to examine imports

Jan. 1, 2020
Concern about the quality and safety of Chinese imports has spread to the automotive aftermarket with the National Highway Traffic Safety Administration (NHTSA).
Concern about the quality and safety of Chinese imports has spread to the automotive aftermarket with the National Highway Traffic Safety Administration (NHTSA) proposing guidance to help importers insure that parts imported from all countries, not just the Far East, are reliably manufactured. However, a proposed NHTSA guidance issued in July, once finalized, will not have the force of law. Nor would following the guidance insulate aftermarket importers from enforcement action under the National Traffic and Motor Vehicle Safety Act of 1966, under whose authority NHTSA issues and enforces federal motor vehicle safety standards (FMVSS).

But it is clear that rising concern in Congress over the safety of consumer product imports makes it incumbent on aftermarket retailers and vendors to tighten up surveillance of the overseas distribution channel, lest the House and Senate force new laws on the aftermarket as Congress is about to do on Wal-Mart, Target and Toys "R" Us. The new law greatly increases civil penalties on importers of unsafe products, for example.

The NHTSA import guidance would apply to tires, rims, brake hoses, brake fluids, seat belt assemblies, lamps, reflective devices, glazing and other equipment subject to FMVSS. The guidance provides NHTSA's take on how U.S. auto parts importers should check out foreign manufacturers before signing contracts, how to inspect those facilities and how to inspect the actual goods before they leave foreign ports.

The proposed NHTSA guidance grows out of an Interagency Working Group on Import Safety established by President Bush in July 2007. The Working Group published an "Action Plan" last November, detailing numerous recommendations regarding selection of foreign vendors, inspection of manufacturing plants, certification of parts and inspection of finished products. Since then, NHTSA has been developing "best practices" intrinsic to their product areas, which, in the case of NHTSA, extends to imported auto parts whose percentage of the U.S. market is increasing.

There is no evidence that imported auto parts are causing crashes in the U.S. However, there have been a number of auto parts recalls in 2008 by very legitimate vendors. For example, the Affinia Group recalled 5,700 aftermarket chassis tie rod assemblies sold for use on 1998-1999 Dodge Ram 2500 and 3500 heavy-duty trucks. Federal Mogul recalled 6,903 aftermarket ball joint assemblies. These parts were made for use on Chrysler, Dodge, Plymouth, Ford and Mercury passenger vehicles. In both instances, the faulty parts could lead to vehicle crashes.

NHTSA recall reports do not explain where offending parts were manufactured. Paula Silver, director of corporate communications for Federal-Mogul, declines to say where the offending ball joint assemblies were manufactured. "It is Federal-Mogul's policy and standard practice to manufacture quality products around the world, regardless of where the facility is located. All of our global manufacturing operations are held to the same quality standards and subscribe to the same manufacturing standards."

Pat Keene, the Affinia Group executive involved in the recall, did not respond to an e-mail. Keene was identified by Affinia's Scott Howat, company director of corporate communications, who said Affinia has company-owned plants in Mexico, Poland, the Ukraine, Venezuela and Brazil and joint ventures in India and China.

Stephen Barlas has been a full-time freelance Washington editor since 1981, reporting for trade, professional magazines and newspapers on regulatory agency, congressional and White House actions and issues. He also writes a column for Automotive Engineering, the monthly publication for the Society of Automotive Engineers.

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