Interpretation ID: 86-1.19

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Robert C. Shaver -- Mohawk Customs Service

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Robert C. Shaver Mohawk Customs Service Air Cargo Building Hancock International Airport North Syracuse, NY 13212

This responds to your letter to this office, asking whether there was some procedure whereby you could import new truck tires into this country, if those tires do not have the name of the manufacturer on the sidewall. You enclosed an invoice with a note written by a Customs Service officer stating that much tires do not conform with the requirements of our tire standards, because the "tires bear no brand name." Our tire standards do not require that new truck tires have the manufacturer's name or a brand name on the sidewall. For your information, I have enclosed a copy of Standard No. 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars (49 CFR 571.119). This is the standard applicable to new truck tires. Section S6.5 of this standard lists all of the information that must appear on the sidewalls of all new tires subject to Standard No. 119. As you see, there is no requirement that either the manufacturer's or a brand name appear on the sidewall of these tires. The tire is required to have a tire identification number which identifies the manufacturer. It is possible that the Customs Service was confusing the requirements for truck tires with those for passenger car tires. New passenger car tires are subject to the requirements of Standard No. 119. As you see, there is no requirement that either the manufacturer's name or a brand name appear on the sidewall of these tires. The tire is required to have a tire identification number which identifies the manufacturer. It is possible that the Customs Service was confusing the requirements for truck tires those for passenger car tires. New passenger car tires are subject to the requirements of Standard No. 109, New Pneumatic Tires - Passenger Cars (49 CFR 571.109; copy enclosed). Section S4.3.2 does require that new passenger car tires be "labeled with the name of the manufacturer, or brand name and number assigned to the manufacturer." However, the tires you are seeking to import are not subject to this requirement, because they are not passenger car tires. I suggest that you show this letter to the appropriate officers of the Customs Service, and ask then to reconsider their determination that the tires you seek to import do not comply with Standard No. 119. If you have any further questions in this area, please feel free to contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992. Sincerely, Original Signed By Erika Z. Jones Chief Counsel Enclosure