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My understanding is that the shackle has to meet the same 5000# tensile rating AND the pin needs to have some mechanism to Lock it shut.
Some of the Witchard Shackles I have used have a detent lock on the pin so that when you tighten it down it cannot back out.
You should corroborate this before trying it, but I read somewhere that some of the permanant Locktite type products can be used to make shackles & bolts compliant. Again, you ought to double check that before trying it though.
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I checked with wesspur as to why theirs does not meet ansi standards and they said because through a lot of vibration it could "potentially" become unlocked, but if you only add a small zip-tie or something to keep the pin from un-turning then its fine and meets all standards. Guess its incase ocia (don't know spelling) comes on site. Locktite will work just fine but is not visible if say ocia did come on site.
In other words its a o kay, its just a looks thing to cover your butt from getting a hefty fine.
I know its a late post but i thought it was worthwhile if anyone had any questions about it. Don't wanna keep anyone from buying it from wesspur, i love those guys. They have been a big help for me