Interpretation ID: aiam1211
Trelleborgs Gummifabriks Aktiebolag
S- 23101 Trelleborg
Sweden;
Dear Mr. Sundelin: This is in reply to your letter of May 9, 1973, in which you as whether certain radial passenger car tires may be imported if they are tested to see that they meet DOT requirements (Federal Motor Vehicle Safety Standard No. 109, 49 CFR 571.109), and if the information required pursuant to paragraph S4.3 of Standard No. 109, which does not presently appear on the tires, is branded with a hot stamp on the tire sidewalls.; The NHTSA does not view with approval the importation into the Unite States of passenger car tires that were not originally designed and manufactured for importation into the United States. Although Standard No. 109 as presently written does not prohibit the branding of information required by the standard onto the tire, as long as the information becomes part of the actual sidewall material, it is difficult for us to understand how a manufacturer can, in branding the necessary information, readily assume that the information is in fact reflective of the tire's performance capability. To stipulate as you do that the tires will be tested to Standard No. 109 is not responsive to the issue, for in the case of the Standard No. 109 tests, which are destructive in nature, only sample testing is conducted, and the tires actually imported are not themselves tested. Consequently, the testing of tires by a manufacturer that he desires to brand and import into the United States will only provide reliable evidence of conformity if the manufacturer's testing is of uniform batches or lots.; A similar problem is presented by a manufacturer's branding onto th tire of the identification number required by Part 574. This number is required to be based on certain facts regarding the manufacture of the tire, the week and year of manufacture. Consequently, this information must be known to the manufacturer if his identification number is to be consistent with Part 574.; In summary, the NHTSA's position regarding the branding and subsequen importation of tires not originally manufactured for importation into the United States is that although the practice is not prohibited by the National Traffic and Motor Vehicle Safety Act, Standard No. 109, or the regulations regarding the importation of motor vehicle equipment (19 CFR 12.80), manufacturers who brand tires must base their representations of conformity to the standard and to the identification requirements on information which, in the exercise of due care, they know to be accurate. Because such conformity is not apparent from an examination of these tires or even from post-production testing you should be aware that the NHTSA may request documentation that supports any manufacturer's representations regarding conformity.; Sincerely, Lawrence R. Schneider, Chief Counsel