Interpretation ID: aiam3720
Harper
Robinson & Co.
9620 N.E. Colfax
Portland
Oregon 97220;
Dear Ms. Thain: This responds to your recent letter to this office, asking whether client of yours may import used tires from Japan for resale. You noted that the tires met the requirements of Japanese Industrial Standards, but do not have a DOT symbol marked on the sidewall. Such tires may not be imported into this country, except under very limited circumstances.; Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safet Act (15 U.S.C. 1397 (a)(1)(A)) specifies that 'no person shall...import into the United States any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title, unless it is in conformity with such standard.' You stated that your client wants to import used truck tires.; Section S6.5(a) of Federal Motor Vehicle Safety Standard No. 119 (4 CFR S 571.119) also requires tires for use on motor vehicles other than passenger cars to have a DOT symbol permanently labeled on the sidewall, as a certification by the manufacturer that the tire fully complies with the standard. Without such a certification, the tires are not in conformity with applicable Federal motor vehicle safety standards, and the law expressly prohibits importing such tires.; There are three very narrow exceptions to this principle First, tire which are not in compliance with applicable safety standards may be imported if the importer posts a bond with the Customs Service, pursuant to 15 U.S.C. 1397(b)(3), to insure that any nonconforming tires would be brought into conformity with the applicable standards (in terms of meeting performance and certification requirements). This would be very difficult for the importer, because the used tires would have to conform to new tire standards. To my knowledge, no importer has ever been able to do this with used tires.; The second exception which allows tires without a DOT symbol to b imported occurs when the importer can furnish proof that the tires were manufactured before the applicable safety standard came into effect. For tires for use on motor vehicles other than passenger cars, Standard No. 119 became effective March 1, 1975. Based on the information enclosed with your letter, it appears that the tires your client wishes to import are more recently manufactured than this date, and so this exception will not prove useful.; The third exception involves three conditions, all of which must b satisfied for the tires to be imported. Tires without a DOT symbol on the sidewall may be imported if:; (a) they are used tires for use on motor vehicles other than passenge cars,; (b) they have less than 2/32 inch of tread remaining on the tire, and (c) the tires are imported solely for the purpose of retreading. When these three conditions are met, the agency has interpreted th tires not to be 'items of motor vehicle equipment' within the meaning of the law. However, your client's tires appear to meet only the first condition.; If you have any further questions on this matter, please feel free t contact Steve Kratzke of my staff at this address, or by phone at (202)426-2992.; Sincerely, Frank Berndt, Chief Counsel