Interpretation ID: 1983-2.11

TYPE: INTERPRETATION-NHTSA

DATE: 05/20/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: The Goodyear Tire and Rubber Company -- Tom Caine, Law Dept.

TITLE: FMVSS INTERPRETATION

TEXT:

Tom Caine, Esq. Law Department The Goodyear Tire & Rubber Company Akron, Ohio 44316

Dear Mr. Caine:

This responds to your recent letter in which you asked for an interpretation concerning the status of tires which are manufactured by applying new tread to a new casing. Specifically, you ask whether such tires should be considered retreaded tires or new tires subject to the applicable Federal motor vehicle safety standard.

Any tires manufactured by applying new tread to new casings would be considered new tires rather than retreaded tires, and would be subject to the same requirements as any other new tires.

Standard No. 117, Retreaded Pneumatic Tires (49 CFR 571.117), defines the term "casing" as follows: "Casing means a used tire to which additional tread may be attached for the purpose of retreading." In the situation you described in your letter, the casing is not a used tire. It is simply a new tire which has never had any tread attached to it. That casing would not be considered a used tire until the casing and the new tread attached to it had been used on the highway and the remainder of the tread then buffed off the casing to allow the application of another new tread. With the addition of the new tread, the used tire would become a retreaded one.

I would appreciate it if you would forward any factual information you have about the proposed importing of new casing to this agency's office of Vehicle Safety Compliance. This will help us ensure that all imported new casings with new treads attached to them are subjected to the new tire performance tests.

Sincerely,

Frank Berndt Chief Counsel

Dear Mr. Berndt:

I have been advised that it has been proposed to import into the United States new (unused) tire casing - both auto and truck casings which will then have new treads applied to the casings in a manner similar or identical to existing retreading processes.

If the casing in question are in fact new (unused) and a new tread is applied to the casing, it would seem to me that the finished product is a new tire, not a retread, and subject to the testing and certification requirements of the applicable Federal Motor Vehicle Safety Standard. It would also seem to follow that the person or company producing such a finished product for sale to the public would be required to comply in all respects with Part 574 of Title 49 CFR including the obtaining of a new tire manufacturer's identification mark.

Will you please advise as to whether the application of a new tread to a new (unused) tire casing constitutes the manufacture of a new or a retreaded tire.

Sincerely, T. D. Caine Attorney