Interpretation ID: nht76-2.21

DATE: 04/19/76

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Dunlop Limited

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your letter of March 17, 1976, requesting information concerning steps which you, as a manufacturer of wheel equipment which will be offered for importation into the United States, must take in order to comply with all applicable National Highway Traffic Safety Administration regulations.

You should be aware of 49 CFR Part 566, Manufacturer Identification, and 49 CFR Part 573, Defect Reports. In addition, Federal Motor Vehicle Safety Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, may be of interest to you. Copies of these rules and an information sheet entitled "Where to Obtain Federal Motor Vehicle Safety Standards and Regulations" are enclosed for your convenience.

Section 110(e) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. @ 1399(e)) requires every manufacturer who offers 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, orders, notices, decisions, and requirements may be made.

The procedural regulations (49 CFR 551.45) for designation of agent pursuant to the Act require that it include:

(1) A certification by its maker that the designation is binding on Dunlop Limited 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 mailing address of Dunlop Limited;

(3) Trade names or other designations of origin of the products of Dunlop Limited that do not bear its legal name;

(4) A provision that the designation of agent remain in effect until withdrawn or replaced by Dunlop Limited;

(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.

A copy of the procedural regulation for designation of agent is enclosed for your convenience.