Interpretation ID: aiam2714
Reibold Building
Dayton
OH 45402;
Dear Mr. Becker: This is in response to your letter of November 7, 1977, asking whethe a U.S. importer of tires for resale would be considered the 'manufacturer' of those tires for purposes of complying with the identification mark requirements contained in Part 574, *Tire Identification and Recordkeeping*.; Section 102(5) of the National Traffic and Motor Vehicle Safety Act (1 U.S.C. 1391 *et seq*.) defines the term 'manufacturer' as; >>>any person engaged in the manufacturing or assembling of moto vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.<<<; According to this definition, the U.S. firm to which you refer would b considered the 'manufacturer' for purposes of compliance with the Traffic Safety Act and any standards or regulations promulgated thereunder. This would include compliance with the tire identification and recordkeeping requirements in 49 CFR Part 574. As the manufacturer of the tires, the U.S. importer would be permitted to place its own identification mark on the tires, as required under S 574.5, in lieu of the European tire producer as the manufacturer of the tires. By this action, all duties imposed upon tire manufacturers under Part 574 would be the responsibility of the U.S. importer.; Sincerely, Joseph J. Levin, Jr., Chief Counsel