Interpretation ID: nht87-2.52

TYPE: INTERPRETATION-NHTSA

DATE: 07/13/87

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JACK DE NIJS DERONDE CASINGS, LTD.

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z. JONES -- NHTSA TO DONALD N. STAHL RE MCCOY TIRE SERVICE CENTER D.A. NO CF 696 REDBOOK A33, STANDARD 119, PART 574; UNDATED LETTER FROM JOHN T. FORTH AND DONALD N. STAHL TO ERIKA Z. JONES -- NHTSA RE MCCOY TIRE SERVICE CENTER D.A. NO CF696, OCC 1749; LETTER DATED 03/01/88 FROM DAVE TAYLOR TO JOHN T. FORTH, EXHIBIT 1; LETTER DATED 05/19/87 FROM JACK DENIJS TO ERIKA Z. JONES, SUBJECT COVERED DOT NUMBERS ON REMANUFACTURED TRUCK CASINGS; DRAWING OF TI RE DATED 01/14/88, MODESTO CITY SCHOOLS TIRE INFORMATION, EXHIBIT 3

TEXT: Dear Mr. De Nijs:

This responds to your letter to this office, in which you asked whether you could import into the United States foreign truck tire casings that do not have either a DOT symbol or a tire identification number on the sidewall. You stated in your letter th at you would either retread these tires yourself or sell them to other retreaders to be retreaded. Subject to certain conditions, you may import these casings.

The general provisions dealing with the importation of items of motor vehicle equipment such as tires are set forth in section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(1)(A)). That section makes it unlawful fo r any person to import into the United States any item of motor vehicle equipment manufactured on or after the date that an applicable Federal motor vehicle safety standard takes effect, unless the equipment (tire) is in conformity with the standard. Fe deral Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR @ 571.119) took effect on March 1, 1975. Standard No. 119 requires that truck tires and other tires for use on vehicles other than passenger cars pass certain performance and be labeled with certain safety information, including the tire identification number. The tire manufacturer is required to certify that each of its truck tires complies with Standard No. 119 by permanently molding the s ymbol DOT into or onto the sidewall of the tire. Thus, any tires without a DOT symbol on the sidewall that were manufactured on or after March 1, 1975 would not be in compliance with Standard No. 119 and could not legally be imported into the United Sta tes.

However, the agency reached a somewhat different conclusion with respect to the permissibility of importing truck tire casings in a June 18, 1981 letter from former Chief Counsel Frank Berndt to Mr. Roy Littlefield (copy enclosed). In that letter, the a gency concluded that truck tire casings that have less than 2/32 inch of tread and which are imported solely to be retreaded are not "items of motor vehicle equipment" within the meaning of section 108(a)(1)(A) of the Safety Act. This conclusion

means that truck tire casings that meet these conditions may be imported into the United States. Please note that you cannot legally import any non-complying truck tire casings that have 2/32 inch or more of tread or any non-complying casings that will not be retreaded before they are used on the public roads.

If you have any further questions on this subject, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

ENCLOSURE