49 U.S.C. § 32304 — Passenger motor vehicle country of ori-

Page 930 TITLE 49—TRANSPORTATION § 32304 disclose identifying information about a person that may be an insured, a claimant, a passenger, an owner, a witness, or an individual involved in a motor vehicle accident, only with the consent of the person. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1036.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 32303(a) ...... 15:1945(a)–(d), (g). Oct. 20, 1972, Pub. L. 92–513, § 205, 86 Stat. 958. 32303(b) ...... 15:1945(e). 32303(c) ...... 15:1945(f). In subsection (a), the words ‘‘carrying out this chap- ter’’ are substituted for ‘‘to enable him to carry out the purposes of this subchapter’’ to eliminate unnecessary words. The word ‘‘provide’’ is substituted for ‘‘furnish’’ for consistency. In subsection (a)(1), before clause (A), the words ‘‘the Secretary of Transportation may require . . . to . . . provide the Secretary with’’ are substituted for ‘‘shall, upon request by the Secretary . . . as the Secretary may reasonably require’’ to eliminate unnecessary words. The text of 15:1945(g) is omitted as surplus be- cause of 49:322(a). The word ‘‘information’’ is sub- stituted for ‘‘data’’ for consistency in the section. In clause (A), the words ‘‘repair costs’’ are substituted for ‘‘the cost of remedying the damage’’ to eliminate un- necessary words. In subsection (a)(2)(C), the words ‘‘State authorities and public and private agencies’’ are substituted for ‘‘such State and insurance regulatory agencies and other agencies and associations, both public and pri- vate’’ for consistency and to eliminate unnecessary words. In subsection (b), before clause (1), the word ‘‘infor- mation’’ is substituted for ‘‘a description of’’ for con- sistency in the section. In clause (1), the word ‘‘pre- miums’’ is substituted for ‘‘rates or premiums’’ because it is inclusive. In clause (2), the words ‘‘by the insurer’’ are added for clarity. In subsection (c), the words ‘‘identifying informa- tion’’ are substituted for ‘‘the name of, or other identi- fying information’’, and the words ‘‘a witness, or an in- dividual involved’’ are substituted for ‘‘a driver, an in- jured person, a witness, or otherwise involved’’ to eliminate unnecessary words. The word ‘‘accident’’ is substituted for ‘‘crash or collision’’ for consistency in this section. The words ‘‘so named or otherwise identi- fied’’ are omitted as surplus. § 32304. Passenger motor vehicle country of ori- gin labeling (a) DEFINITIONS.—In this section— (1) ‘‘allied supplier’’ means a supplier of pas- senger motor vehicle equipment that is wholly owned by the manufacturer, or if a joint ven- ture vehicle assembly arrangement, a supplier that is wholly owned by one member of the joint venture arrangement. (2)(A) ‘‘carline’’— (i) means a name given a group of pas- senger motor vehicles that has a degree of commonality in construction such as body and chassis; (ii) does not consider a level of decor or opulence; and (iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of doors, seats, or windows; and (B) light duty trucks are different carlines than passenger motor vehicles. (3) ‘‘country of origin’’, when referring to the origin of an engine or transmission, means the country from which the largest share of the dollar value added to an engine or trans- mission has originated— (A) with the United States and Canada treated as separate countries; and (B) the estimate of the percentage of the dollar value shall be based on the purchase price of direct materials, as received at indi- vidual engine or transmission plants, of en- gines of the same displacement and trans- missions of the same transmission type, plus the assembly and labor costs incurred for the final assembly of such engines and trans- missions. (4) ‘‘dealer’’ means a person residing or lo- cated in the United States, including the Dis- trict of Columbia or a territory or possession of the United States, and engaged in selling or distributing new passenger motor vehicles to the ultimate purchaser. (5) ‘‘final assembly place’’ means the plant, factory, or other place at which a new pas- senger motor vehicle is produced or assembled by a manufacturer, and from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the ve- hicle, whether or not the component parts are permanently installed in or on the vehicle. Such term does not include facilities for en- gine and transmission fabrication and assem- bly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, ma- chining, or molding processes. (6) ‘‘foreign content’’ means passenger motor vehicle equipment that is not of United States/Canadian origin. (7) ‘‘manufacturer’’ means a person— (A) engaged in manufacturing or assem- bling new passenger motor vehicles; (B) importing new passenger motor vehi- cles for resale; or (C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles. (8) ‘‘new passenger motor vehicle’’ means a passenger motor vehicle for which a manufac- turer, distributor, or dealer has never trans- ferred the equitable or legal title to the vehi- cle to an ultimate purchaser. (9) ‘‘of United States/Canadian origin’’, when referring to passenger motor vehicle equip- ment, means— (A) for an outside supplier— (i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or (ii) that portion of the purchase price of passenger motor vehicle equipment con- taining less than 70 percent value added in the United States and Canada that is at- tributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 per- cent; and Page 931 TITLE 49—TRANSPORTATION § 32304 (B) for an allied supplier, that part of the individual passenger motor vehicle equip- ment whose purchase price the manufac- turer determines remains after subtracting the total of the purchase prices of all mate- rial of foreign content purchased from out- side suppliers, with the determination of the United States/Canadian origin or of the for- eign content from outside suppliers being consistent with subclause (A) of this clause. (10) ‘‘outside supplier’’ means a supplier of passenger motor vehicle equipment to a manu- facturer’s allied supplier, or a person other than an allied supplier, who ships directly to the manufacturer’s final assembly place. (11) ‘‘passenger motor vehicle’’ has the same meaning given that term in section 32101(10) of this title, except that it includes any multi- purpose vehicle or light duty truck when that vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight. (12) ‘‘passenger motor vehicle equipment’’— (A) means a system, subassembly, or com- ponent received at the final vehicle assem- bly place for installation on, or attachment to, a passenger motor vehicle at the time of its first shipment by the manufacturer to a dealer for sale to an ultimate purchaser; but (B) does not include minor parts (including nuts, bolts, clips, screws, pins, braces, and other attachment hardware) and other simi- lar items the Secretary of Transportation may prescribe by regulation after consulting with manufacturers and labor. (13) ‘‘percentage (by value)’’, when referring to passenger motor vehicle equipment of United States/Canadian origin, means the per- centage remaining after subtracting the per- centage (by value) of passenger motor vehicle equipment that is not of United States/Cana- dian origin that will be installed or included on those vehicles produced in a carline, from 100 percent— (A) with value being expressed in terms of the purchase price; and (B) for outside suppliers and allied sup- pliers, the value used is the purchase price of the equipment paid at the final assembly place. (14) ‘‘State’’ means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, Amer- ican Samoa, and the Virgin Islands. (15) ‘‘value added in the United States and Canada’’ means a percentage determined by subtracting the total purchase price of foreign content from the total purchase price, and di- viding the remainder by the total purchase price, excluding costs incurred or profits made at the final assembly place and beyond (in- cluding advertising, assembly, labor, interest payments, and profits), with the following groupings being used: (A) engines of same displacement produced at the same plant. (B) transmissions of the same type pro- duced at the same plant. (b) MANUFACTURER REQUIREMENT.—(1) Each manufacturer of a new passenger motor vehicle manufactured after September 30, 1994, and dis- tributed in commerce for sale in the United States, shall establish each year for each model year and cause to be attached in a prominent place on each of those vehicles, at least one label. The label shall contain the following in- formation: (A) the percentage (by value) of passenger motor vehicle equipment of United States/Ca- nadian origin installed on vehicles in the car- line to which that vehicle belongs, identified by the words ‘‘U.S./Canadian content’’. (B) the final assembly place for that vehicle by city, State (where appropriate) and coun- try. (C) if at least 15 percent (by value) of equip- ment installed on passenger motor vehicles in a carline originated in any country other than the United States and Canada, the names of at least the 2 countries in which the greatest amount (by value) of that equipment origi- nated and the percentage (by value) of the equipment originating in each country. (D) the country of origin of the engine and the transmission for each vehicle. (2) At the beginning of each model year, each manufacturer shall establish the percentages re- quired for each carline to be indicated on the label under this subsection. Those percentages are applicable to that carline for the entire model year. A manufacturer may round those percentages to the nearest 5 percent. (3) A manufacturer complying with the re- quirement of paragraph (1)(B) of this subsection satisfies the disclosure requirement of section 3(b) of the Automobile Information Disclosure Act (15 U.S.C. 1232(b)). (c) VEHICLE CONTENT PERCENTAGE BY ASSEM- BLY PLANT.—A manufacturer may display sepa- rately on the label required by subsection (b) the domestic content of a vehicle based on the assembly plant. Such display shall occur after the matter required to be in the label by sub- section (b)(1)(A). (d) VALUE ADDED DETERMINATION.—If a manu- facturer or allied supplier requests information in a timely manner from one or more of its outside suppliers concerning the United States/ Canadian content of particular equipment, but does not receive that information despite a good faith effort to obtain it, the manufacturer or al- lied supplier may make its own good faith value added determinations, subject to the following: (1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and/ or Canada. (2) The manufacturer or allied supplier shall consider the amount of value added and the lo- cation in which the value was added for all of the stages that the outside supplier would be required to consider. (3) The manufacturer or allied supplier may determine that the value added in the United States and/or Canada is 70 percent or more only if it has a good faith basis to make that determination. (4) A manufacturer and its allied suppliers may, on a combined basis, make value added Page 932 TITLE 49—TRANSPORTATION § 32304 determinations for no more than 10 percent, by value, of a carline’s total parts content from outside suppliers. (5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier. (6) This provision does not affect the obliga- tion of outside suppliers to provide the re- quested information. (e) SMALL PARTS.—The country of origin of nuts, bolts, clips, screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield wash- er fluid, fasteners, tire assembly fluid, rivets, adhesives, and grommets, of any system, sub- assembly, or component installed in a vehicle shall be considered to be the country in which such parts were included in the final assembly of such vehicle. (f) DEALER REQUIREMENT.—Each dealer en- gaged in the sale or distribution of a new pas- senger motor vehicle manufactured after Sep- tember 30, 1994, shall cause to be maintained on that vehicle the label required to be attached to that vehicle under subsection (b) of this section. (g) FORM AND CONTENT OF LABEL.—The Sec- retary of Transportation shall prescribe by regu- lation the form and content of the label required under subsection (b) of this section and the man- ner and location in which the label is attached. The Secretary shall permit a manufacturer to comply with this section by allowing the manu- facturer to disclose the information required under subsection (b)(1) on the label required by section 3 of the Automobile Information Disclo- sure Act (15 U.S.C. 1232), on the label required by section 32908 of this title, or on a separate label that is readily visible. A manufacturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed. (h) REGULATIONS.—In consultation with the Secretaries of Commerce and the Treasury, the Secretary of Transportation shall prescribe reg- ulations necessary to carry out this section, in- cluding regulations establishing a procedure to verify the label information required under sub- section (b)(1) of this section. Those regulations shall provide the ultimate purchaser of a new passenger motor vehicle with the best and most understandable information possible about the foreign content and United States/Canadian ori- gin of the equipment of the vehicles without im- posing costly and unnecessary burdens on the manufacturers. The Secretary of Transportation shall prescribe the regulations promptly to pro- vide adequate lead time for each manufacturer to comply with this section. The regulations shall include provisions applicable to outside suppliers and allied suppliers to require those suppliers to certify whether passenger motor ve- hicle equipment provided by those suppliers is of United States origin, of United States/Canadian origin, or of foreign content and to provide other information the Secretary of Transpor- tation decides is necessary to allow each manu- facturer to comply reasonably with this section and to rely on that certification and informa- tion. (i) PREEMPTION.—(1) When a label content re- quirement prescribed under this section is in ef- fect, a State or a political subdivision of a State may not adopt or enforce a law or regulation re- lated to the content of vehicles covered by a re- quirement under this section. (2) A State or a political subdivision of a State may prescribe requirements related to the con- tent of passenger motor vehicles obtained for its own use. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1036; Pub. L. 103–429, § 6(29), (30), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–178, title VII, § 7106(d), June 9, 1998, 112 Stat. 467.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 32304(a) ...... 15:1950(f). Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, § 210(b)–(d), (f), (g), added Oct. 6, 1992, Pub. L. 102–388, § 355, 106 Stat. 1556, 1557. 32304(b)(1), (2). 15:1950(b)(1) (less words between 1st and 2d commas), (2). 32304(b)(3) .. 15:1950(b)(3). 32304(c) ...... 15:1950(b)(1) (words between 1st and 2d commas). 32304(d) ...... 15:1950(c). 32304(e) ...... 15:1950(d). 32304(f) ....... 15:1950(g). In this section, the words ‘‘passenger motor vehicle’’ and ‘‘vehicle’’ are substituted for ‘‘automobile’’ be- cause the defined terms used in the operative provi- sions of the law being restated are ‘‘passenger motor vehicle’’ and ‘‘new passenger motor vehicle’’. The words ‘‘final assembly place’’ are substituted for ‘‘final as- sembly point’’ for clarity and consistency in the re- vised title and with other titles of the United States Code. In subsection (a)(2)(A)(i), the word ‘‘given’’ is sub- stituted for ‘‘denoting’’ for clarity. The words ‘‘pas- senger motor’’ are added for clarity and consistency in the revised section. In section (a)(2)(A)(ii), the words ‘‘decor or opulence’’ are substituted for ‘‘decor of opulence’’ for clarity. In subsection (a)(3), before subclause (A), the words ‘‘from which the largest share of the dollar value added to . . . has originated’’ are substituted for ‘‘in which 50 percent or more of the dollar value added of . . . origi- nated. If no country accounts for 50 percent or more of the dollar value, then the country of origin is the coun- try from which the largest share of the value added originated’’ for clarity and to eliminate unnecessary words. In subclause (A), the word ‘‘with’’ is substituted for ‘‘For the purpose of determining the country of ori- gin for engines and transmissions’’ are omitted as un- necessary. In subsection (a)(4), the word ‘‘possession’’ is added for clarity and consistency in the revised title and with other titles of the Code. In subsection (a)(5), the words ‘‘in such a condition’’ are omitted as surplus. In subsection (a)(6), the words ‘‘United States/Cana- dian origin’’ are substituted for ‘‘U.S./Canadian origin’’ for consistency with the defined term restated in the revised section. The word ‘‘foreign’’ is omitted as being included in ‘‘foreign content’’. In subsection (a)(9), before subclause (A), the words ‘‘originated in the United States and Canada’’ and ‘‘U.S./Canadian origin’’ are omitted as unnecessary be- cause of the defined term ‘‘of United States/Canadian origin’’. In subclause (A), the words ‘‘passenger motor vehicle equipment whose purchase price contains’’ are substituted for ‘‘the purchase price of automotive equipment which contains’’ for clarity. In subclause (B), the words ‘‘that part of the individual passenger motor vehicle equipment whose purchase price the Page 933 TITLE 49—TRANSPORTATION § 32304A manufacturer determines remains after subtracting the total of the purchase price of all material of foreign content purchased from outside suppliers’’ are sub- stituted for ‘‘the manufacturer shall determine the for- eign content of any passenger motor vehicle equipment supplied by the allied supplier by adding up the pur- chase price of all foreign material purchased from out- side suppliers that comprise the individual passenger motor vehicle equipment and subtracting such pur- chase price from the total purchase price of such equip- ment’’ for clarity. In subsection (a)(10), the word ‘‘person’’ is substituted for ‘‘anyone’’ for clarity and consistency in the revised title. In subsection (a)(11), the words ‘‘a motor vehicle with motive power, manufactured primarily for use on pub- lic streets, roads, and highways, and designed to carry not more than 12 individuals . . . not including . . . a motorcycle; or . . . a truck not designed primarily to carry its operator or passengers’’ are substituted for ‘‘has the meaning provided in section 1901(1) of this title’’ for clarity. In subsection (a)(13), before subclause (A), the words ‘‘the percentage remaining after subtracting’’ are sub- stituted for ‘‘the resulting percentage when . . . is sub- tracted’’ for clarity. In subsection (a)(15), before subclause (A), the words ‘‘ ‘Value added’ equals’’ are omitted as unnecessary be- cause of the restatement. The text of 15:1950(f)(2) is omitted as unnecessary be- cause of 1:1. The text of 15:1950(f)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In subsection (b)(1)(A), the words ‘‘to which that ve- hicle belongs’’ are added for clarity. In subsection (b)(3), the text of 15:1950(b)(3) (1st sen- tence) is omitted as unnecessary because of the source provisions restated in this subsection. Subsection (c) is substituted for ‘‘and each dealer shall cause to be maintained’’ for clarity and because of the restatement. In subsection (e), the words ‘‘passenger motor vehicle equipment’’ are substituted for ‘‘a component’’ for clar- ity and for consistency with the defined term. The text of 15:1950(d) (last sentence) is omitted as unnecessary because of section 32308 of the revised title. The words ‘‘foreign content’’ are substituted for ‘‘foreign’’ for clarity and consistency with the defined term. PUB. L. 103–429, § 6(29) This amends 32304(a)(11) to clarify the restatement of 15:1950(f)(3) by section 1 of the Act of July 5, 1994 (Pub- lic Law 103–272, 108 Stat. 1038). PUB. L. 103–429, § 6(30) This amends 49:32304(a)(14) to reflect the inclusion of the Northern Mariana Islands and the exclusion of the Canal Zone. The words ‘‘the Northern Mariana Islands’’ are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Pub- lic Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words ‘‘the Canal Zone’’ are omitted because of the Panama Canal Treaty of 1977. Editorial Notes AMENDMENTS 1998—Subsec. (a)(3)(B). Pub. L. 105–178, § 7106(d)(1)(A), inserted before period at end ‘‘, plus the assembly and labor costs incurred for the final assembly of such en- gines and transmissions’’. Subsec. (a)(5). Pub. L. 105–178, § 7106(d)(1)(B), inserted at end ‘‘Such term does not include facilities for engine and transmission fabrication and assembly and the fa- cilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamp- ing, machining, or molding processes.’’ Subsec. (a)(9)(A). Pub. L. 105–178, § 7106(d)(1)(C), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘for an outside supplier, passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; and’’. Subsec. (c). Pub. L. 105–178, § 7106(d)(3), added subsec. (c). Former subsec. (c) redesignated (f). Subsec. (d). Pub. L. 105–178, § 7106(d)(4), added subsec. (d). Former subsec. (d) redesignated (g). Pub. L. 105–178, § 7106(d)(2), inserted at end ‘‘A manu- facturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed.’’ Subsec. (e). Pub. L. 105–178, § 7106(d)(5), added subsec. (e). Former subsec. (e) redesignated (h). Subsecs. (f) to (i). Pub. L. 105–178, § 7106(d)(3), redesig- nated subsecs. (c) to (f) as (f) to (i), respectively. 1994—Subsec. (a)(11). Pub. L. 103–429, § 6(29), amended par. (11) generally. Prior to amendment, par. (11) read as follows: ‘‘ ‘passenger motor vehicle’ means a motor vehicle with motive power, manufactured primarily for use on public streets, roads, and highways, and de- signed to carry not more than 12 individuals— ‘‘(A) including a multipurpose vehicle or light duty truck when the vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight; but ‘‘(B) not including— ‘‘(i) a motorcycle; ‘‘(ii) a truck not designed primarily to carry its operator or passengers; or ‘‘(iii) a vehicle operated only on a rail line.’’ Subsec. (a)(14). Pub. L. 103–429, § 6(30), inserted ‘‘the Northern Mariana Islands,’’ after ‘‘Puerto Rico,’’ and struck out ‘‘the Canal Zone,’’ after ‘‘Guam,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 32304A. Consumer tire information and stand- ards (a) CONSUMER TIRE INFORMATION.— (1) IN GENERAL.—Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transpor- tation (referred to in this section as the ‘‘Sec- retary’’) shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer infor- mation program for replacement tires de- signed for use on motor vehicles to educate consumers about the effect of tires on auto- mobile fuel efficiency, safety, and durability. (2) ITEMS INCLUDED IN RULE.—The rule- making shall include— (A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more edu- cated tire purchasing decisions; (B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Inter- net; (C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equip- ment and manufacturers; and