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Interpretation ID: arschin

Arthur N. Arschin, Esq.
450 Seventh Avenue, Suite 2803
New York, NY 10123

Dear Mr. Arschin:

This responds to your letter to this agency asking whether the manufacturer identification numbers assigned to the Vee Rubber Company, Ltd. and the Vee Rubber International Company, Ltd. remain valid. The short answer is yes, if the plants remain in production.

49 CFR 574.5 requires each new or newly retreaded tire sold in the United States to have a tire identification number (TIN) labeled by the manufacturer on one sidewall of the tire. The TIN is intended to assist NHTSA to identify the production source of a tire in the event of a defect or noncompliance. The TIN must include a manufacturer identification mark (MIM) issued by NHTSA in accordance with 49 CFR 574.6. NHTSA issues a separate MIM for each plant that currently produces or retreads tires, and a plant can only have one MIM.

Once NHTSA issues a MIM, the mark remains in effect as long as the plant to which it applies remains in production. In the event the plant ceases production, the mark assigned to that plant may not be further assigned or otherwise used by the manufacturer or anyone else. If the plant ceases production, NHTSA should be promptly notified so that the mark can be cancelled.

With regard to your client rubber companies, the MIMs assigned to Vee Rubber Company, Ltd., YRU for Plant No. 1 and YRV for Plant No. 2, remain in effect if those plants are still in production. The MIMs assigned to Vee Rubber International Company, Ltd., 4A for Plant No. 1 and 5A for Plant No. 2 remain in effect if those plants are still in production.

I hope this information is helpful to you. Should you have any questions or need additional information, feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

John Womack Acting Chief Counsel ref:574 d:10/20/95