Interpretation ID: aiam3810
Decoba N.V.
3500 Hasselt
Vaarstraat 4
Belgium;
Dear Mr. Lemmens: This responds to your letter to this office seeking information o requirements applicable to retreaded truck tires imported into the United States. Specifically, you asked whether a foreign-based retreader would be required to put another tire identification number on the tires it retreads, or whether that retreader could simply leave the original manufacturer's identification number on the retreaded tire. As explained below, the retreader is required to mark its own tire identification number on each tire it retreads. You then asked for information on how a retreader obtains an identification number, and this procedure is set forth below.; For your information, I have enclosed a copy of 49 CFR Part 574, *Tir Identification and Recordkeeping*. Section 574.5 specifies that *each* tire retreader shall permanently label one sidewall of *each* tire he retreads with the information specified in that section. For a retreader, the first group of three symbols in the identification number would represent the retreader's assigned identification mark, the second group of two symbols would identify the retread matrix in which the tire was processed, the third group of four symbols may be used to identify characteristics of the tire at the retreader's option, and the fourth group of three symbols would identify the week and year in which the tire was retreaded.; Section 574.6 explains the procedures to be followed by the retreade in applying for an identification mark, and specifies the information which must be provided by the retreader. The agency usually assigns the identification mark within two weeks of receiving the necessary information from a retreader.; However, a retreader identification mark will not be assigned until th retreader has designated an agent for the service of process, according to the requirements of 49 CFR S551.45 (copy enclosed). That section specifies that, for a designation of agent to be valid, it must contain the following six items:; 1. A certification that the designation is valid in form and binding o the retreader under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business, and mailin address of the retreader,; 3. Marks, trade names, or other designations of origin of any of th retreader's products which do not bear his name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,; 5. A declaration of acceptance duly signed by the agent appointed which may be an individual, a firm, or a U.S. corporation, and; 6. The full legal name and address of the designated agent. In addition, the designation must be signed by one with authority t appoint the agent, and the signer's name and title should be clearly indicated beneath his signature. This designation should be mailed to the address shown in S551.45(b). When this agency has received both a completed application for a retreader identification mark and a designation of agent, a code mark will be assigned to the retreader promptly. This identification mark will be sent directly to the retreader and not to the designated agent.; Please feel free to contact me should you need any further informatio in this matter.; Sincerely, Frank Berndt, Chief Counsel