Imported aftermarket parts? Good or Bad for consumers?
On March 13th 2008, Rep Zoe Lofgren (D-CA) introduced bill HR 5638.
It reads as:
SECTION 1. EXCEPTION FROM INFRINGEMENT FOR CERTAIN COMPONENT PARTS.
- (a) In General- Section 271 of title 35, United States Code, is amended by adding at the end the following new subsection:
- `(j) It shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States any article of manufacture that itself constitutes a component part of another article of manufacture, if the sole purpose of the component part is for the repair of the article of manufacture of which it is a part so as to restore its original appearance.’.
- (b) Applicability- The amendment made by subsection (a) applies to acts done on or after March 13, 2008.
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- The International trade Commission sought to ban the importing of aftermarket parts however this bill would basically reverse their previous ruling.
The proponents of the bill feel that allowing imported aftermarket parts is good for the consumer as it helps keep part prices lower, fosters competition and gives consumers more choices. Insurance carriers would likely support this as well as it can assist in keeping vehicle repair costs down, benefitting consumers pocketbooks yet again.
The likely opponents would be collision repair facilities and OEM manufacturers. Vehicle owners involved in insurance claims may also be hesitant to have imported aftermarket parts utilized on their vehicles as “quality” of the parts may be in question.
The major concern on the use of imported aftermarket parts would be integrity of such parts. Will these parts stand up to the OEM required specifications? Will these parts hold up during a collision as well as OEM? The bill states…. “as to restore its original appearance.” While a part may “appear” original, does the strength of the metal meet proper safety standards? Will recent issues regarding imported toys, toothpaste and dog food, how do we guarantee these parts are safe?
The question that still needs to be answered is whether this is really good or bad for consumers??