Interpretation ID: 21490importtiresneb

Mr. Reginald Williams
A.N. Deringer, Inc.
48 Customs Loop
Houlton, ME 04730

Dear Mr. Williams:

This responds to your March 31, 2000, letter requesting information regarding the requirements for "DOT safety compliance labeling required on the tires." You state in your letter that you are a United States customs broker located in Houlton, Maine and that you have three clients interested in importing new and retreaded tires into the United States from Canada.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither tests, approves, disapproves, endorses, nor grants letters of approval of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

It is not clear from your letter whether your clients are interested in importing passenger car tires or tires for use on other motor vehicles. To ensure that you receive the information that is of concern to you, I will discuss requirements for new and retreaded tires for use on both passenger cars and on other motor vehicles.

Generally speaking, all tires which are subject to a FMVSS must have the symbol "DOT" molded into the sidewall by the manufacturer or retreader, if those tires are to be imported into the United States. This symbol represents a certification by the manufacturer or retreader that the tire complies with all requirements of the applicable safety standard.

With regard to new tires, FMVSS No. 109, New pneumatic tires (copy enclosed), and FMVSS No. 110, Tire selection and rims (copy enclosed), specify performance standards and labeling requirements for new passenger car tires and rims. FMVSS No. 119, New pneumatic tires for vehicles other than passenger cars (copy enclosed), and FMVSS No. 120, Tire selection and rims for motor vehicles other than passenger cars (copy enclosed), specify performance standards and labeling requirements applicable to tires and rims for vehicles other than passenger cars. 49 CFR Part 574, Tire identification and recordkeeping (copy enclosed), requires new tire manufacturers to permanently mold into or onto one tire sidewall a tire identification number (TIN) and specifies methods by which new tire manufacturers and new tire brand name owners shall maintain records of tire purchasers. 49 CFR 575.104, Uniform tire quality grading standards (UTQGS) (copy enclosed), requires new motor vehicle and new tire manufacturers and brand name owners to provide information to consumers concerning the relative performance of passenger car tires in the areas of treadwear, traction, and temperature resistance. The UTQGS grades are also required to be molded into or onto the tire sidewall.

The labeling requirements specified in the regulations referred to above apply to the actual tire manufacturers and/or brand name owners, and the required information, including the DOT symbol and the TIN, must appear on all new tires before they can be sold to their first retail purchasers. A "manufacturer" is defined in 49 U.S.C. 30102(a)(5) as one who manufactures or assembles motor vehicles or equipment or one who imports motor vehicles or equipment for resale.

Concerning retreaded tires, FMVSS No. 117, Retreaded pneumatic tires (copy enclosed), specifies performance, labeling, and certification requirements for retreaded pneumatic passenger car tires. No FMVSS is applicable to retreaded tires for use on motor vehicles other than passenger cars. These tires may be imported without certification of compliance by the retreader and a DOT symbol must not appear on these tires as indicated in 49 CFR 574.5. However, these tires must have a tire identification number marked on the sidewall, per the requirements of 49 Part CFR 574, if they are to be legally sold in the United States.

In sum, all new or retreaded tires sold or imported into the United States for sale must comply with all applicable FMVSSs and regulations as discussed above. For you and your clients' information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

If the tires in question are intended for or capable of being used on a commercial vehicle, you may want to check with the Department's Federal Motor Carrier Safety Administration at (202) 366-1790, for information about any applicable requirements.

I hope you find this information helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109#110#117#119#120
d.5/10/00