capital report: july 16, 2019

Auto Care to Testify Before Federal Trade Commission on Repair Restrictions

Today, Tuesday, July 16, Aaron Lowe, senior vice president, regulatory and government affairs, will participate in a public workshop in Washington, D.C., hosted by the Federal Trade Commission (FTC) and titled, “Nixing the Fix: A Workshop on Repair Restrictions.” During the session, the FTC will question three panels of repair experts and industry representatives on the impacts of repair limits instituted by manufacturers, and whether such practices affect consumer protection under the Magnuson-Moss Warranty Act.

The Magnuson-Moss Warranty Act prohibits product manufacturers from conditioning consumer warranties on the use of any original equipment part or service. Visit the Auto Care Association’s brand new Magnuson-Moss Toolkit to learn more about consumers’ warranty rights under the law.

During his testimony, Lowe will share lessons learned from the 2014 Right to Repair Memorandum of Understanding—a national agreement between the automotive aftermarket and automakers requiring diagnostic tools, software and repair information to be made available to independent repair shops. The Right to Repair debate has recently expanded to other industries with proponents introducing dozens of state bills across the country.

Questions? Contact Aaron Lowe.

Read the Auto Care Association’s comments:


Section 301 Tariffs on Imports from China: List 4 Exclusions Now Being Accepted

On June 30, USTR opened the electronic submission portal for product exclusion requests subject to Section 301 List 3 tariffs on imports from China. The deadline to submit requests is Sept. 30, 2019 and interested parties have 14 days to respond, in support of, or in opposition to, the request.

The exclusion request form requires specific product identifying details, company information and supporting data and rationale for the requested exclusion.

Need help with your company’s exclusion request? The Auto Care Association has partnered with the law firm Dentons US LLP to assist members with the creation and submission of exclusion requests for Section 301 List 3 products.

If you are interested in retaining Dentons for assistance, please click here for additional information. A product exclusion questionnaire (linked on the page) must submitted to Dentons by July 31, 2019.

For an update on all Section 301 tariff lists, including exclusions that have been granted from List 1, please find a recap here visit our Section 301 resource page.


Seeking Member Input: Counterfeit and Pirated Goods through Online Marketplaces

The Department of Commerce is seeking public comments on the state of and recommendations for addressing counterfeit and pirated goods trafficking through online third-party marketplaces. Comments are due by July 29, 2019.

Please contact Angela Chiang with any input and recommendations for inclusion in the association’s submission. Members can also file their own comments through the submission portal.

Read the full notice:


Senator Todd Young Visits KYB Americas

Last month, U.S. Senator Todd Young, R-Ind., visited KYB Americas’ manufacturing facility in Franklin, Ind., for a public policy discussion and factory tour. Gabrielle Hopkins, vice president, federal affairs, Auto Care Association, attended the meeting and had a chance to ask the senator a few questions. His answers are transcribed below.

If your company is interested in hosting a lawmaker at your facility, contact Hailey Ray.

What was your first car and did you ever fix it yourself?

“It was 1976 Oldsmobile Cutlass Supreme. It was red. It had a rusting floorboard so I could literally see the highway while I was driving. And I fixed it by putting a floor mat over the hole. So, yes, in that sense I did fix it. I probably didn’t put as much oil in there as I should have over the years.”

What has been your most memorable moment from your time in Congress?

“My most memorable moment has been my interaction with Sandy Terwiske, the mother of Alec Terwiske. Her son passed away in service to our country so I wear his bracelet today and I have worn it for a lot of years. He was a United States Marine who served our country so all of us can be free. This helps keep me centered and serves as a daily reminder of the important decisions we’re asked to make.”

Read the press release:


Register Today for the 2019 Auto Care Legislative Summit

The Auto Care Legislative Summit, a biennial education and advocacy event in Washington, D.C., is taking place this September in conjunction with Auto Care Association Fall Leadership Days. Participants will meet with their members of Congress to educate them on the independent aftermarket and its most critical policy priorities.

The event takes place over two days, with an issue briefing and reception on Wednesday, Sept. 18, followed by a full day of congressional meetings on Thursday, Sept. 19.

Questions? Contact David Pinkham.

Learn more:


State Legislative Update

California – Assembly Bill 142 | This bill would increase the amount of the manufacturer lead-acid battery fee to $2, and enable the fee to continue indefinitely while providing funds for consumer education.

  • Position: Neutral
  • Status: The bill passed the Assembly as well as the Senate Environmental Quality and Appropriations Committees.

Massachusetts – Senate Bill 132 | This bill would prohibit an insurer from mandating non-original equipment manufacturer (OEM) parts on any vehicle still under manufacturer warranty or lease.

  • Position: Oppose
  • Status: Hearing occurred yesterday, July 15.

New Jersey Assembly Bill 5225 | This bill would require vehicle manufacturers to provide notice to new vehicle purchases or leases of their rights under the Magnuson-Moss Warranty Act.

  • Position: Support
  • Status: Bill passed Committee on Consumer Affairs.

New Jersey – Senate Bill 1712 | This bill would require vehicle manufacturers to provide notice to new vehicle purchases or leases of their rights under the Magnuson-Moss Warranty Act.

  • Position: Support
  • Status: Committee passed unanimously; awaiting vote by the full Senate. Assembly companion bill introduced as A-5225.

New York – Assembly Bill 2911 | This bill would prohibit insurers from limiting payment on claims for damage to motor vehicles based on pricing caps for labor, parts, paint or repair materials; prohibits insurers from recommending a repair facility.

  • Position: Oppose
  • Status: No action has been scheduled.

New York – Assembly Bill 3872 | This bill would require that only new OEM replacement crash parts may be used on any vehicle during the year of manufacture and for the two succeeding years thereafter.

  • Position: Oppose
  • Status: No action has been scheduled.

New York – Assembly Bill 6589 | This bill establishes the Right to Repair Act to protect the rights of consumers to diagnose, service, maintain and repair motor vehicles; requires OEMs to make equipment available to independent repair providers under fair and reasonable terms.

  • Position: Oppose in accordance with national Right to Repair MOU.
  • Status: No action has been scheduled.

Oregon  – House Bill 3190 | This bill requires vehicle manufacturers to make available to owners of vehicles or independent repair providers, on fair and reasonable terms, any part, tool, service manual or other device, implement or information that the vehicle manufacturer makes available to authorized repair providers for the purpose of diagnosing, maintaining or repairing a vehicle that the vehicle manufacturer makes or supplies.

  • Position: Oppose in accordance with national Right to Repair MOU.
  • Status: No action has been scheduled.

Questions? Contact Tom Tucker.


Get the Latest Coverage of the 2020 Elections

Thanks to support from the Auto Care Political Action Committee (ACPAC), we are pleased to bring Capital Report readers the latest Inside Elections with Nathan Gonzalez, a bi-monthly nonpartisan analysis of U.S. elections.

Read the latest issue:

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