Interpretation ID: 77-1.8

TYPE: INTERPRETATION-NHTSA

DATE: 01/18/77

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Kurt Orban Company Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of December 14, 1976, asking how you may import motor vehicle tires "in sample lots of less than one hundred tires per design model" that "may not fully comply with the sidewall markings and/or treadwear indicator requirements."

Pursuant to Title 19 Code of Federal Regulations, Section 12.80(b)(2)(vii), nonconforming tires may be imported into the United States for purposes of test or experiment if they will not be used upon the public roads. This section, however, does allow use of nonconforming vehicles, imported for purposes of test or experiment, upon the public roads for a specified time "where such use is an integral part of tests or experiments for which such vehicle is being imported," provided that the importer attaches to a form supplied at the port of entry (Form HS-7) "a description of the tests or experiments for which the vehicle is being imported, the period of time during which it is estimated that it will be necessary to test the vehicle on the public roads, and the disposition to be made of the vehicle after completion of the tests or experiments." Although this does not expressly cover equipment items, we see no reason why the provision cannot be interpreted as including tires, since nonconforming vehicles using the public roads for test or experiment may well be travelling on nonconforming tires.

We therefore conclude that you may import nonconforming tires for purposes of test or experiment upon the public roads, provided the statement described in 19 CFR 12.80(b)(2)(vii) is supplied.

SINCERELY

KURT ORBAN COMPANY, INC.

December 14, 1976

Frank Berndt Acting Chief Counsel, Room 5219 National Highway and Traffic Safety Administration

I am writing to you at the request of Mr. Mark Schwimmer of your office.

We are fully aware of the requirements set forth in DOT 109 and DOT 119, particularly with respect to sidewall markings and treadwear indicators. However, from time to time we are offered tire samples of new European production which the manufacturers claim are in compliance with the strength and endurance requirements of DOT 109 or DOT 119, but which may not fully comply with the sidewall markings and/or treadwear indicator requirements.

Is there any way we can legally import these samples for road testing purposes without requiring the manufacturers to modify their molds, a time consuming and expensive process for them, particularly since their export business to the USA may never materialize to the extent that they'll be able to amortize their engraving costs?

Specifically, we desire to road test these tires in sample lots of less than one hundred tires per design model, after having first submitted samples of each design model to a recognized testing laboratory here to ensure (for our own protection) that the tires comply fully with the strength and endurance requirements of the applica DOT standard.

Your cooperation and advice on this matter will be greatly appreciated.

Martin P. Ronsen