Interpretation ID: 1983-2.38

TYPE: INTERPRETATION-NHTSA

DATE: 08/04/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: TOPAC International Trading Company -- Robert J. Ainsworth

TITLE: FMVSR INTERPRETATION

TEXT:

Mr. Robert J. Ainsworth President TOPAC International Trading Company 325 N. Baldwin Park Blvd. City of Industry, California 91746

Dear Mr. Ainsworth:

This is in response to your letter of July 12, 1983, with respect to UTQGS requirements and tires you intend to import from Shanghai, China. You have asked whether it is permissible, as an interim step to cover your initial order, if the factory affixes a label stating the traction and temperature ratings assigned to its "Warrior" tires; subsequent tires will have this information molded into the sidewalls.

We understand from Mr. Vinson's phone conversation with you on July 26 that the tires have not been imported for sale previously and indeed are the product of a new factory which has recently opened. According to the UTQGS regulation, a tire need not have information molded into its sidewalls if it is "a tire of a new tire line, manufactured within the first six months of production of the tire line" (49 CFR 575.104(d)(1)(i)(A)). We interpret this time frame as meaning within six months of the initial production of the tire line for export to the United States. Therefore, your initial shipment would appear to come within the exception established by the regulation.

If you have any further questions, please let us know.

Sincerely,

Frank Berndt Chief Counsel

July 12, 983

USA Importation Re: "Warrior" Brand Tires

Dear Attorney Berndt,

My company has entered into negotiations with China National Chemicals Import and Export Corporation, Shanghai Branch, China toward the purchase and importation of "Warrior" brand steel belted radial tires, manufactured by TSEN TAI Rubber Factory, Shanghai, China.

My company has already signed two (2) sales contracts and issued Letters of Credit for the following quantities of tires on our initial order. These orders represent the 1st shipment (1983) of "Warrior" brand tires that will be imported into the USA market.

(1) Sales Contrart 834SA-191 - (5,284 units) Highway tread passenger steel belted tires.

(2) Sales Contract 834SA-192 - (5,000 units) Mud/Snow passenger steel radial tires.

The "Warrior" brand tires produced by Tsen Tai factory are in strict compliance with D.O.T. FMVSS No 109-119 standards. Please reference the attached letter received from Tsen Tai rubber factory for confirmation.

My question relates yo the present U.T.Q.G. requirements for labeling these "Warrior" tires specifically on the initial order/shipments to Topac International Trading Company as described above.

(1) Is it permissable for Tsen Tai factory as, an interim step only to cover our initial order, to affix a tire label clearly stating the traction and temperature ratings assigned to their "Warrior" brand tires, and effect shipment of this initial tire order to the U.S.A. market for Topac International Trading Company. The Tsen Tai rubber factory will, I understand, undertake to begin engraving their existing tire molds in order to incorporate their assigned U.T.Q.G. traction and temperature values on the "Warrior" tire sidewall and be in full compliance with the U.S.A. U.T.Q.G. requirements immediately after this initial order/shipment. Enclosed for your reference, please find the following reference documents.

(1) Two (2) Tsen Tai "Warrior" catalogs. (2) Copies of Topac Int'l Trading Co. P/D RJA-001C (3) Copies of two (2) Sales Contracts 834SA-191/192 (4) Letter from Tsen Tai Factory regarding U.S.A. D.O.T. compliance.

I would appreciate your earliest comment on this matter since the facthoy has now scheduled delivery to Topac before August 1, 1983 Very Truly yours,

Robert J. Ainsworth President

Encl.

RJA:ws