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Full page fax print - Indo-American Chamber Of Commerce

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Industry<br />

US Safety & Emission Approval<br />

for M&M to Market Trucks<br />

Indian auto major Mahindra & Mahindra<br />

(M&M) has finally received the much-delayed<br />

safety and emission certificate from the US<br />

Environmental Protection Agency (EPA) to sell<br />

its compact diesel pick-up truck in the US<br />

market.<br />

Although M&M's US venture is embroiled in a<br />

lawsuit filed by its US distributor, the company<br />

joins a select group of global automobile<br />

manufacturers and is the first Indian<br />

automobile manufacturer to receive the EPA<br />

certification for diesel- powered Light Duty<br />

Vehicle (LDVs).<br />

M&M president (automotive) Pawan Goenka<br />

had said in May 2010 that the company would<br />

launch the compact diesel pick-up truck in the<br />

US by the end of the year to become the first<br />

Indian company to sell an Indian-made vehicle<br />

in North America.<br />

M&M will be selling two models in the US, the<br />

TR20 and TR40 of 2011 model year. Both will<br />

be powered by M&M's modified version of the<br />

mHawk 2.2-liter four-cylinder diesel engine.<br />

M&M is expected to price the pick-ups starting<br />

at around $22,000, which will come with a<br />

four-year or 60,000-mile warranty. M&M has<br />

till date built 175 prototypes in India and tested<br />

30 in the US. The pick-ups are currently being<br />

sold in Europe, Africa and South America. The<br />

pick-ups would be produced at the company's<br />

Chakan facility and exported to the US, and<br />

M&M plans to later assemble the vehicles in the<br />

US.<br />

M&M had earlier said that the delay in the<br />

timing of the launch was due to the changes<br />

required to be made to the pick-up to conform<br />

to the US regulations and <strong>American</strong> design<br />

preferences and later for failing to get the final<br />

safety and emission certificate in time-both<br />

issues made the company miss two launch<br />

deadlines.<br />

But the EPA clearance will still not allow M&M<br />

to launch the pick-up soon in the US market<br />

since the delay led its exclusive US distributor<br />

Atlanta-based Global Vehicles USA Inc (GV)<br />

filing a suit in June 2010 in a district court in<br />

Atlanta for not revealing when it would proceed with the launch and<br />

also initiated arbitration proceedings against M&M.<br />

The US firm has also urged the court to prevent M&M from selling<br />

its vehicles through any other dealer or distributor in the US since<br />

M&M altered the original contract and wanted a new "onerous" set<br />

of financial demands in order continue with the contract.<br />

Both sides have released differing press releases after M&M<br />

received the EPA clearance on 17 August 2010. "Mahindra's<br />

relationship with Global Vehicles Inc (GV) has ended, the<br />

agreement dated 26 September 2006 between Mahindra and GV<br />

having terminated," said M&M recently in a terse one-line press<br />

release.<br />

While GV said, ''Global Vehicles remains committed to distributing<br />

vehicles to its dealers under the terms of its agreement with<br />

Mahindra as expeditiously as possible through the ongoing<br />

litigation between the parties or otherwise.<br />

GV's release went on to say that M&M's claim that that the<br />

termination of the agreement ''is inaccurate.'' ''While it is true<br />

Mahindra attempted to terminate the exclusive Distributor<br />

Agreement with Global Vehicles after Global Vehicles filed an<br />

arbitration demand seeking to compel Mahindra to deliver vehicles<br />

to its dealers, such attempted termination is invalid under<br />

applicable laws of the United States and the State of Georgia,<br />

something which Mahindra continues to disregard,'' JV's release<br />

added.<br />

Global Vehicles had earlier claimed in its lawsuit that it had spent<br />

more than $35 million and signed more than 350 dealers, who in<br />

turn have paid more than $60 million towards franchisee fees for<br />

the right to sell M&M vehicles in the US.<br />

Although M&M has filed for a motion in the court to dismiss the<br />

lawsuit, it will have to settle this issue fast in order to keep with its<br />

aim of launching the vehicle in the US by year end.<br />

<br />

INDO-US BUSINESS SPECIAL ISSUE<br />

53

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