Interpretation ID: aiam0169
Vice President
Interamerican Motor Corporation
14721 Calvert Street
Van Nuys
California 91401;
Dear Mr. Hempel: This is in reply to your letter of May 27 in which you reques information necessary to obtain a D.O.T. number and import 'Pneumant' tires. The information furnished below concerns only those requirements of the Department of Transportation.; Regulations promulgated pursuant to Section 110(e) of National Traffi and Motor Vehicle Safety Act of 1966 (15 U.S.C. S1391 *et seq.*, 1399(e)) require any manufacturer, assembler, or importer of a motor vehicle before offering a motor Vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent upon whom service of all processes, notices, orders, decisions, and requirements may be made.; The manufacturer of 'Pneumant' tires is therefore required to designat an agent as prescribed in the regulations (49 C.F.R. S351.45) and I enclose a copy of them, as well as a copy of the National Traffic and Motor Vehicle Safety Act, for your information.; Please note that these regulations require the designation to be mad in a specific manner. The designation should contain the following:; >>>(1) a certification by the signer of the designation that it i binding on the manufacturer of 'Pneumant' tires under the laws, corporate by-laws, or other requirements governing the making of the designation by the manufacturer of 'Pneumant' tires at the place and time where it is made,; (2) the full legal name, principal place of business, and mailin address of the manufacturer of 'Pneumant' tires,; (3) trade names, or other designations of origin of the products of th manufacturer of 'Pneumant' tires which do not bear its legal name,; (4) a provision that the designation remains in effect until withdraw or replaced by the manufacturer of 'Pneumant' Tires,; (5) a declaration of acceptance duly signed by the designated agent and; (6) the full legal name and mailing address of the designatio agent.<<<; In addition, the designation should be signed by one with authority t appoint the agent for the manufacturer of 'Pneumant' tires, and this authority should be so indicated.; In your letter you state that it is your understanding that 'all tire used in this Country are subject to approval which will be given in form of a D.O.T. number.' This is incorrect. There is no provision in the National Traffic and Motor Vehicle Safety Act which provides that motor vehicles and motor vehicle equipment are to be approved by the United States Government. On the contrary, under this Act the manufacturer o(sic) the motor vehicle or item of motor vehicle equipment bears the responsibility for complying with Federal Motor Vehicle Safety Standards promulgated pursuant to the Act, and, pursuant to Section 114 of the Act for certifying that his product so complies. In the case of tires, the applicable standard is Standard No. 109 and I enclose a copy of it with applicable amendments for your reference. Standard No. 109 contains requirements for new pneumatic tires for passenger cars, and in order to meet the requirements of the Act, 'Pneumant' tires must comply with Standard No. 109. Furthermore, the manufacturer of these tires must certify in the prescribed manner that such tires so comply.; The 'D.O.T. number' to which you refer is required by Section 201 o the Act and the labelling section (S.4.3 and 'Figure 1') of Standard No. 109. As specified in the standard, the letters 'D.O.T.', when permanently molded into or onto the tire so that the tire is conspicuously labelled on both sidewalls, indicate pursuant to S.4.3(1) and Figure 1 of Standard No. 109, that the tire has been manufactured to conform to applicable Federal Motor Vehicle Safety Standards. This satisfies the certification requirement referred to above.; The code mark *number* is included as part of the label (as illustrate in Figure 1) pursuant to Section 201 of the Act, when the tire contains a brand name other than the name of the manufacturer, and is included for the purpose of permitting the seller of the tire to identify the manufacturer to the purchaser upon his request.; A code mark number con be obtained from the Department o Transportation by any tire manufacturer on request, but is only necessary when a name other than the manufacturer's is used on the tire. Such a request should be directed to Secretary of Transportation, Attention: Motor Vehicle Safety Performance Service, National Highway Safety Bureau, Federal Highway Administration, U.S. Department of Transportation, Washington, D.C. 20591. Issuance of the code mark number by the Department of Transportation in no way indicates approval by the government that tires manufactured by the one to whom it is issued meet Federal requirements. As indicated above, the code mark number is to be used purely for labeling purposes.; I am also enclosing a copy of Federal Highway Administration Impor Regulations, (19 C.F.R. S12.80) which are promulgated jointly with the Treasury Department pursuant to Section 108(b) (3) of the Act for your information.; Should you have further questions, please feel free to contact me. Sincerely, Lawrence R. Schneider,Acting Assistant Chief Counsel fo Regulations;