Interpretation ID: 1983-1.27
TYPE: INTERPRETATION-NHTSA
DATE: 03/21/83
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: China United Trading Corp. Ltd. -- Yang Ru-Tang, General Manager
TITLE: FMVSS INTERPRETATION
TEXT: This responds to your letter asking about the requirements for importing tires into this country from China. I have enclosed a copy of a 1981 letter I sent to Mr. Deng Shin-Wen, the chief engineer of the Shanghai No. 1 Rubber Plant. That letter generally explains the requirements which must be met in order to import tires into this country. While that letter answers many of your questions, I will repeat the requirements to ensure that you understand them, and respond to those questions not covered in the previous letter.
To receive a DOT code mark, a tire manufacturer must complete the enclosed application form and return it to the address shown on the form. A separate application must be filed for each manufacturing plant, and a separate code mark will be assigned to each plant.
Before a code mark is assigned, the tire manufacturer must designate an agent for the service of process, according to the requirements of 49 CFR @ 551.45 (copy enclosed). That section specifies that the designation of agent must meet the following six criteria:
1. A certification that the designation is valid in form and binding on the manufacturer 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 the manufacturer;
3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear his name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
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.
In addition, the designation must be signed by one with authority to appoint the agent; the signer's name and title should be clearly indicated beneath his signature. When this agency has received a completed application for a code mark and a valid designation of an agent, a code mark will be assigned to the manufacturer promptly, usually within two weeks. You should note that the code mark is sent to the manufacturer at the mailing or main office address shown on the application, and not to the designated agent. The DOT code mark assigned to the manufacturer remains valid until such time as the manufacturer notifies this agency that it is no longer using that code mark.
No testing of the tires is done by this agency before assigning the DOT code mark. The United States does not use a certification process similar to the European Economic Community, in which the manufacturer is required to deliver tires to be certified to the governmental entity for approval. Instead, in the United States the individual manufacturer must certify that the tires comply with all requirements of Standard No. 109 (49 CFR @ 571.109) if they are passenger car tires or Standard No. 119 (49 CFR @ 571.119) if the tires are for use on motor vehicles other than passenger cars. I have enclosed copies of both these standards for your information. Further, this agency does not require that the certification be based on a specified number of tests or any tests at all; we only require that the certification be made with the exercise of due care on the part of the manufacturer. It is up to the individual manufacturer in the first instance to determine what data, test results, or other information it needs to enable it to certify that its tires comply with the applicable standards. Certainly, we recommend that a manufacturer selling tires in the United States test those tires according to the procedures specified in the applicable standard. Once a manufacturer determines that its tires meet the requirements of the applicable standards, it certifies that compliance by molding the letters "DOT" on one sidewall of each certified tire.
For purposes of enforcement this agency conducts spot checks of tires after they have been certified, by purchasing and testing tires according to the procedures specified in the applicable standard. If the tires pass the tests, no further steps are taken.
If the tires fail the tests and are determined not to comply with the applicable standards or if it is determined that the tires contain a safety-related defect, the manufacturer of the tires is required to remedy the problem. Section 154(a)(2)(B) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1414(a)(2)(B)) specifies that, in the case of tires which fail to comply with a standard or contain a safety related defect, the manufacturer may elect to either:
(1) repair the tires so that the defect or noncompliance is removed; or
(2) replace the tires with an identical or reasonably equivalent tire which does not have the defect or noncompliance.
Whichever of these options is chosen, the tire manufacturer must bear the expense and cannot charge the tire owner for the remedy.
With respect to the markings required on the sidewall of the tires, those markings and their required size and location are set forth in section S4.3 of Standard No. 109 for passenger car tires and S6.5 of Standard No. 119 for tires for use on motor vehicles other than passenger cars. 49 CFR Part Part 574 (copy enclosed) also sets forth marking requirements for all types of tires.
If you have any further questions on this subject or need further information, please feel free to contact me.
ENCLS.
Jan. 19, 1983
OCC
Raymond Peck, Administrator, Department of Transportation National Highway Traffic & Safety Administration,
Gentleman,
We are China United Trading Corp. Ltd., Shanghai Division, newly established and located at One Penn Plaza Suite 1915, 250 W 34th St., New York, N.Y. 10119, and are agent of some import & export corporations in Shanghai, China. Now China National Chemicals Import & Export Corp., Shanghai Branch, located at 27 Zhongshan Road (E.1), Shanghai, China, who are the exporter of tires manufactured in Shanghai, intends to export and sell their truck and car tires in the United States.
We understand that an application must be made and approved with a Code Number before any foreign tires can be imported and sold in the U.S. market. In this connection, we need to get the following information with your assistance.
1. Is your office the right organization for the application to be submitted?
2. Should the application be made by the manufacturers or by their agent as mentioned above? What is the procedure in detail?
3. What is the procedure for quality examination of tires before you issue the Code No. and allow importation? Do you have your own laboratories for test or appoint any ones for test? Where shall the exporters or their local agents submit samples of tires for such a test?
4. Should each size, specification of the tires be tested in this way? How many tires are necessary as samples to complete such a test?
5. Is it necessary for the tires to be tested before they are allowed to be sold or to be tested by random selection at anytime from the market after selling?
6. If the tire does not pass the sellective examination, can re-examination be made or not? Is there any restriction for the re-examination?
7. What kind of responsibility would be borne by the manufacturer if the product does not pass the quality examination requirements? Is there any penalty in this respect?
8. Would the quality records by selective examination or test report be informed to the manufacturer?
9. What kind of reponsibility should be borne by the application agent and/or the manufacturer if any quality problems arise when a vehicle is in performance?
10. After DOT approval, where and what size should the DOT Code Number be put on the tires? Besides the DOT Code Number, what else are also necessary to be shown on the tires?
11. Once the DOT approval has been obtained, how long will it remain valid?
Please send us some papers concerning the above questions, if you have any.
Your early reply and assistance will be highly appreciated.
general manager yang Ru-tang
China United Trading Corp. Ltd., Shanghai Division