Interpretation ID: 1984-2.47

TYPE: INTERPRETATION-NHTSA

DATE: 08/03/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: T.F. Palomba -- National Sales Manager, Empco Industries

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your recent letter to me seeking information on the applicability of certain Federal requirements to "non-highway tires." Specifically, you asked if the manufacturer of such tires is required to identify itself on the sidewall of those tires by molding a DOT identification number thereon, and whether such tires are subject to the Federal excise tax on tires. The DOT identification number must appear on all tires for use on motor vehicles, as explained below. The Department of Transportation has nothing to do with the collection of the Federal excise tax on tires. If you need further information on that subject, you should contact the Internal Revenue Service.

49 CFR Part 574, Tire Identification and Recordkeeping, sets forth certain marking requirements which must be met by all manufacturers and retreaders of tires, including the requirements in section 574.5 that a DOI identification number be molded on all new and retreaded tires. However, section 574.1 specifies that the requirements of Part 574 apply only to new and retreaded tires for use on motor vehicles. Hence, the question which must be answered to determine if the manufacturer must put a DOT identification number on a tire is whether the tire is for use on motor vehicles.

"Motor vehicle" is defined at 15 U.S.C. 1391(3) as "any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails." If the tires you might import are for use on forklifts, earthmovers, or other types of mobile construction equipment intended and sold primarily for off-road use, the manufacturer is not required to mold a DOT identification number on the tires, since the tires would not be for use on motor vehicles. This is true even if these sorts of vehicles are incidentally used for highway travel from one job site to another.

If, on the other hand, the vehicles on which the tires are to be mounted are conventional on-road trucks simply being used off-highway, the manufacturer would be required to mold a DOT identification number onto the tires. The determination of whether the tires are for use on motor vehicles must be made initially by the manufacturer, but that determination is subject to review by this agency.

Should you have any further questions or need more information on this subject, please contact Mr. Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.

SINCERELY,

May 15, 1984 OCC 598

Office of Chief Counsel National Highway Traffic Safety Adm. Attn: Frank A. Berndt

This letter is being written to you pursuant to my recent phone conversation with Mr. T.L. Moore of your office.

We at Empco Industries, through Nissho Iwai American Corporation in Los Angeles, are negotiating with Rekord Rubber products factory, Beograd, Yugoslavia, to import their line of tractor, farm, industrial and earthworks tires. (See attached brochure) on file in Chief Counsel's office.

Rekord is now exported to 30 countries and plans to expand into the United States market. In addition to no F.E.T. it is our understanding that a D.O.T. number is also not applicable to non-highway tires.

Would you please confirm this in writing, to my attention, that we are correct in our interpretation of these important factors pertaining to F.E.T. and D.O.T. requirements. In the event we consummate this agreement with Rekord Rubber Factory it would be necessary to have this information as a permanent record in our file.

EMPCO INDUSTRIES

T.F. Palomba Nitto National Sales Mgr.

CC: K. HIRATA; NISSHO IWAI