judgment and on January 16, 1978 the Court denied the government motion for summary judgment. Trial de novo was held on April 17, 1978. Based upon the evidence and record compiled at earlier hearings and the trial de novo, the Court makes the following findings.
FINDINGS OF FACT
1. The Ford Motor Company ("Ford"), defendant herein, a Delaware corporation which maintains its principal office and place of business in Dearborn, Michigan, is, and at all times relevant to this action has been, engaged in the transaction of business in, and under the laws of, the District of Columbia, all within the jurisdiction of this Court.
2. Ford is, and at all times relevant to this action has been, a manufacturer engaged in interstate commerce within the meaning of Section 102 of the National Traffic and Motor Vehicle Safety Act of 1966 (the "Safety Act"), as amended, 15 U.S.C. § 1391, and subject to the provisions of the Safety Act, 15 U.S.C. §§ 1381 Et seq.
3. The Secretary of Transportation has delegated the authority to carry out the Safety Act to the National Highway Traffic Safety Administrator ("Administrator").
4. The Administrator has delegated to the Associate Administrator for Motor Vehicle Programs the authority to make initial determinations of the existence of defects related to motor vehicle safety in classes of motor vehicles and motor vehicle equipment.
5. Approximately 187,000 of defendant's model year 1971-1973 Capri vehicles which were manufactured and imported into the United States for sale and introduced and delivered into interstate commerce had windshield wiper assemblies installed between January 19, 1970 and November 24, 1972.
6. This case involved the windshield wiper pivot assemblies on model year 1971-1973 Capri automobiles produced by Ford Werke, A. G., Cologne, Federal Republic of Germany ("Ford of Germany") between January 19, 1970 and November 24, 1972. The pivot assemblies fall into two Design Levels, I and II. The model years of Capri automobiles equipped with Design Level I and Design Level II windshield wiper pivot assemblies, the periods during which they were produced and the approximate number of such cars produced for sale in the United States in each period are as follows:
APPROXIMATE NUMBER OF
DESIGN MODEL PRODUCTION CAPRIS PRODUCED FOR SALE
LEVEL YEAR PERIOD IN THE UNITED STATES
I 1971 Jan. 19, 1970
Aug. 1, 1971 66,500
I 1972 Aug. 1, 1971
Nov. 19, 1971 25,000
II 1972 Nov. 19, 1971
1973 Nov. 24, 1972 95,500
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