Interpretation ID: aiam2980
E. Grayson
Executive Assistant for Government Affairs
National Tire Dealers & Retreaders Association
Inc.
1343 L Street
N.W.
Washington
DC 20005;
Dear Mr. Grayson: This is in response to your letter of March 2, 1979, in which yo request clarification of several points relating to the Uniform Tire Quality Grading (UTQG) Standards (49 CFR 575.104), and the record retention requirements applicable to tire retreaders.; You inquire first as to the obligations of tire dealers under the UTQ regulation. As explained more fully in our recent letter to Mr. Tony Hylton of your organization, the UTQG regulation places the responsibility for supplying tire grading information on vehicle and tire manufacturers and tire brand name owners. These parties must make their own arrangements with tire distributors and dealers to assure that the required tire grading information reaches tire purchasers.; You ask whether bias-ply tires manufactured abroad prior to April 1 1979, but imported into the United States after April 1, must be labeled in accordance with the requirements of paragraph (d)(1)(i)(B) of the UTQG regulation (49 CFR 575.104(d)(1)(i)(B)). Paragraph (d)(1)(i)(B), which becomes effective on April 1, 1979 for bias-ply tires, applies to bias- ply tires manufactured after that date. The date of manufacture rather than the date of importation is controlling in determining whether tires fall within the tread labeling requirements of the UTQG regulation.; You also ask whether tires to which the UTQG labeling requirement apply can be imported into the United States without the required tread labels, provided adequate labels are attached at the tires' point of sale. The purpose of the UTQG labeling requirements is to provide information to assist consumers in tire purchasing decisions. Therefore, the tread labeling requirements of the regulation would be satisfied if labels are attached at the dealership prior to the time the tires are offered for sale. However, manufacturers and brand name owners should be cautioned that they will be held responsible should the dealer incorrectly label the tires or neglect to attach the required labels.; Finally, you inquire whether manufacturers of retreaded tires mus retain tire registration records compiled pursuant to Part 574, *Tire Identification and Recordkeeping* (49 CFR Part 574), in view of the recent exemption of retreaders from the registration requirements of that part. While the registration requirements of Part 574 no longer apply to the sale of retreaded tires, section 574.7(d) (49 CFR 574.7(d)) nonetheless requires that previously compiled records on retreaded tires be maintained for a period of not less than three years from the date the information was recorded by the tire manufacturer or his designee.; Sincerely, Frank Berndt, Acting Chief Counsel