1983-2.36 | NHTSA

TYPE: INTERPRETATION-NHTSA

DATE: 08/02/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Harper; Robinson & Co. -- Betty Thain

TITLE: FMVSR INTERPRETATION

TEXT:

Ms. Betty Thain Harper, Robinson & Co. 9620 N.E. Colfax Portland, Oregon 97220

Dear Ms. Thain:

This responds to your recent letter to this office, asking whether a client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)) specifies that "no person shall...import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title, unless it is in conformity with such standard." You stated that your client wants to import used truck tires.

Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (49 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.

There are three very narrow exceptions to this principle. First, tires which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.

The second exception which allows tires without a DOT symbol to be imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on the information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.

The third exception involves three conditions, all of which must be satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:

(a) they are used tires for use on motor vehicles other than passenger cars;

(b) they have less than 2/32 inch of tread remaining on the tire; and

When these three conditions are met, the agency has interpreted the tires not to be "items of motor vehicle equipment" within the meaning of the law. However, your client's tires appear to meet only the first condition.

If you have any further questions on this matter, please feel free to contact Steve Kratzke of my staff at this address, or by phone at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

June 8, 1983

OFFICE OF THE CHIEF COUNCIL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 400 7TH STREET S.W. WASHINGTON, D.C. 20590

SUBJECT: CONFORMANCE STANDARDS & REQUIREMENTS FOR IMPORTATION OF USED JAPANESE TIRES FOR U.S. RESALE

DEAR SIR:

OUR CUSTOMER, CALCO MARKETING SERVICE, INC. HAS REQUESTED US TO CONTACT YOU FOR A RULING CONCERNING THE IMPORTATION OF USED JAPANESE TRUCK TIRES WITH 60% - 90% TREAD FOR RESALE IN THE U.S. MARKET. THE TIRES MEET JAPANESE INDUSTRIAL STANDARDS (J.I.S.), BUT WERE NOT ORIGINALLY MANUFACTURED FOR THE U.S. MARKET AND THEREFORE DO NOT HAVE A D.O.T. NUMBER. I HAVE CONTACTED YOUR SEATTLE OFFICE AND WAS ADVISED THAT THERE IS CURRENTLY NO SPECIFIC RULING ADDRESSING THIS SITUATION AND SHOULD CONTACT YOU ON IT.

ATTACHED PLEASE FIND A COPY OF THE LETTER FROM OUR CUSTOMER REQUESTING US TO CONTACT YOU. IF YOU NEED ADDITIONAL INFORMATION, PLEASE CONTACT ME.

WE APPRECIATE YOUR PROMPT GUIDANCE AND ATTENTION IN THIS MATTER AND LOOK FORWARD TO HEARING FROM YOU.

VERY TRULY YOURS, HARPER, ROBINSON & CO.

BETTY THAIN

encl-

Miss Betty Thain Mgr. Harper Robinson & CO. 9620 N.E. Colfax Portland, Oregon 97220

Dear Betty,

I would appreciate your getting me a ruling on imported Japanese used tires.

I have been importing casings from Japan for recap purposes for many years and they prove to be better in quality than our own U.S. made tires. The Japanese tires made for their own domestic use is built stronger to with stand the rough dirt and gravel roads in Japan. Japan does not have as many surfaced road and freeways as the U.S. Since the Japanese casings that we import are used for off roads logging operations we find that they hold up better as recaps than do U.S. tires that have been recapped. After the tires have been buffed they still have about 1/2 inch remaining under rubber which is ideal for recapping. The U. S Tires do not have the remaining under rubber so they do not hold the retread as well as the Japanese casing.

The people that export the Japanese casings to me have offered me some used tires with from 60% to 90% tread remaining a and at attractive prices. I would like you to get me a ruling immediately from the Dept. of transportation as to the legality of importing this shipment of used tires. I have ordered a container load of the used tires and they should be shipped within the next week or two. That is why it is imperative that we get a ruling immediately. I understand that all new tires from Japan must have a Dept. of Transportion number stamped on them but I have been told that used tires from immediate use do not fall under this ruling. Please telephone me just as soon as you have an answer to my request.

I hope to hear from you very soon.

Very truly yours

Interpretation ID: 1983-2.36