Interpretation ID: aiam0400
Director
Tire Retreading Institute
National Tire Dealers and Retreaders Association
Inc.
1343 L Street
N.W.
Washington
D.C. 20005;
Dear Mr. Taft: This is in response to your letter of June 29, 1971, in which you as who would be the manufacturer of a retreaded tire, when the tire is manufactured by a process, known as 'cure out'. You explain this process as one in which one retread shop will process a casing to the point where it would be placed in a mold for curing. The tire is then sent to a second shop for curing and subsequently returned as a finished product to the first retread shop.; You indicate that one of your members is now involved in a legal case and the outcome apparently hinges on who is legally responsible for the performance of the tire.; Under the National Traffic and Motor Vehicle Safety Act (15 U.S.C S1381 *et seq.*) and motor vehicle safety standards and regulation issued pursuant to the Act (49 CFR S551 *et seq.*) the manufacturer in the 'cure out' process as described above, would be the second retread shop, the one which produces the finished product. It is he who would be required to assume responsibility for the compliance of the tire with Motor Vehicle Safety Standard No. 117, 'Retreaded Pneumatic Tires', and it is also he who would be assigned a code mark pursuant to the Tire Identification and Recordkeeping regulations (49 CFR Part 574).; However, the person we consider the manufacturer for purposes of th Act and regulations issued pursuant to the Act, may not be responsible for the tire in a civil suit, and our opinion is not intended to speak to the issue if liability in a civil action.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel