Interpretation ID: aiam3415
Director
Government Relations
National Tire Dealers & Retreaders Association
Inc.
1343 L Street
N.W.
Washington
DC 20005;
Dear Mr. Littlefield: This responds to your March 27, 1981, letter to Mr. Kratzke of m staff. In your letter, you requested a clarification of a statement in my March 11, 1981, letter to Mr. Harry Shirai, concerning the importing of used tires into this country. Specifically, I had indicated that one means by which used tires could legally be imported into the United States would be for the tires to be accompanied by a statement from the original manufacturer that the tires, as originally manufactured, met the performance requirements of Standard No. 119 (49 CFR S 571.119). You have asked for more information on what steps would have to be taken to ensure that the imported tires complied with all of the requirements for this alternative.; Since receiving your letter, this agency has re-examined this subject We recognize the severe supply problems facing the industry at this time and the possibly grave adverse price effects on consumers if such shortages are not eliminated. Bearing in mind the serious safety concerns which are involved, the agency has concluded that precedents exist for another alternative solution that would achieve the desired result without compromise of safety.; Used tires imported for retreading are unquestionably 'pneumati tires,' as that term is defined in Standard 109. They cannot, however, legally be used on the public highways, since the tread on casings is almost always well under 2/32 of an inch. The use of tires with such minimal tread on trucks in interstate commerce is prohibited by the Bureau of Motor Carrier Safety (49 CFR S 393.75(c)) and would violate this agency's specifications for State vehicle inspection standards (49 CFR S 570.9(a) and 49 CFR S 570.62(a)). Hence, the majority of States would not certify a vehicle as passing inspection with these tires and trucks with these tires cannot be used in interstate commerce.; Further, it is important to examine the intent of the importers o these tires.; According to the representations made by your organization and som individual members, it is our understanding that these tires would be imported solely for retreading purposes. In other words, these casings are materials needing further manufacturing operations to become completed items of motor vehicle equipment (retreaded truck tires), rather than finished items of motor vehicle equipment (tires which could lawfully be used or sold as they are). Objective proof of this intent can be found in the fact that significant numbers of used foreign truck tires were imported into this country between 1975 and 1980, yet this agency has no information indicating that these tires, which did not meet the requirements of Standard 119, were used or sold without being retreaded.; Based on these considerations, we conclude that truck tire casing which have less than 2/32 inch tread and which are imported, introduced into interstate commerce, offered for sale or sold solely for the purpose of retreading are not 'items of motor vehicle equipment' within the meaning of that Act. Precedent for the use of such criteria is found in action by the agency in 1969 when it decided that mini-bikes were not 'motor vehicles,' within the meaning of the National Traffic and Motor Vehicle Safety Act. That decision was made because mini-bikes were prohibited from highway use in the vast majority of the States, and because the manufacturers' subject intent, proven by several objective factors, was not to build vehicles for use on the public roads (34 FR 15416, October 3, 1969).; As you know, there is no safety standard applicable to retreaded truc tires. I urge you to stress to your members the need to assure the soundness of the casings used for retreading, so that no safety problems arise from retreading these tires. Should such a problem arise, this agency would consider rulemaking to establish a safety standard for retreaded truck tires, as well as exercising its authority with regard to items containing a safety-related defect.; Should you have any questions on the actual mechanics of importin these casings, and the duties which would be applicable, I suggest that you contact Mr. Harrison Feese, U.S. Customs Service, Room 4119, 1301 Constitution Avenue, N.W., Washington, DC 20229. He can be reached at (202) 566-8651.; Sincerely, Frank Berndt, Chief Counsel