Interpretation ID: aiam4076
President
Trimco International Sales
P.O. Box 322
Flushing NY 11358;
Dear Mr. Trimarchi: This responds to your letter seeking information about the Federa requirements applicable to automotive wheels that are to be imported into the United States. There are two Federal Motor Vehicle Safety Standards that apply to wheel rims, one for rims for passenger cars and the other for rims for other types of motor vehicles. It is not clear whether your reference to 'automotive wheels' is limited to passenger car wheels, so I have included a discussion of the requirements for both types of wheels.; None of our standards set requirements for the parts of the whee assembly other than the rim.; The two potentially applicable standards are No. 110, *Tire selectio and rims - passenger cars*, and No. 120, *Tire selection and rims for motor vehicles other than passenger cars*. I have enclosed copies of both standards, along with Standards No. 109 and 119, which are applicable to tires and are referenced in the rim standards. For those passenger car rims you wish to import, section S4.4 of Standard No. 110 specifies two requirements. First, the rim must be constructed to the dimensions of one of the rims that is listed under the definition of a test rim in Standard No. 109. This means that the rim must comply with the dimensional specifications shown for that rim size in the current publications of specified standardization organizations, such as the Tire & Rim Association or the European Tyre and Rim Technical Organisation. Second, in the event of a rapid loss of inflation pressure with the vehicle travelling in a straight line at 60 miles per hour, the rim must retain the deflated tire until the vehicle can be stopped with a controlled braking application.; For those rims you import for use on vehicles other than passenge cars, Standard No. 120 also specifies two requirements. The first requirement, set forth in section S5.1.1, is that the rims on a vehicle must correspond with the size tire on the vehicle, i.e., be listed as suitable by the tire manufacturer, pursuant to either Standard No. 109 or No. 119. This would be done in the publications of the standardization organizations, as explained above. This requirement is the responsibility of any vehicle manufacturer that uses your rims as original equipment, since only it would know what size tires will be installed on the vehicle. The second requirement, set forth in section S5.2, is that the rim be marked by the rim manufacturer with five specified items of information. These are:; >>>1. A specified designation indicating the source of the rim' published nominal dimensions,; 2. The rim's size designation and, in the case of multipiece rims, th rim type designation,; 3. The symbol DOT, which constitutes a certification by the ri manufacturer that the rim complies with the applicable requirements of the safety standards,; 4. A designation identifying the rim manufacturer by name, trademark o symbol, and; 5. The month and year in which the rim was manufactured.<<< You stated that you wanted to learn if the rims were subject to an tests by the Department of Transportation. The United States does not use a certification process similar to the European countries, in which the manufacturer delivers the rims to be certified to a governmental entity, and that entity test the rims to determine if they can be certified as complying with the applicable standards. Instead, in the Untied States, the individual rim manufacturer must certify that its rims comply with all applicable standards. The certification need not be based on actual tests, the only requirement is that the manufacturer exercise due care in making the certification. Obviously, with respect to the requirements for rims, a manufacturer as defined below is not expected to test if the rims have the necessary markings and if the rim size is listed in one of the standardization organization publications.; You should also be aware of the fact that section 102(5) of th National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391(5)) treats both the actual manufacturer *and* the importer of a wheel as its manufacturer. If either the manufacturer or this agency determines that the imported rims do not comply with the above- described safety standards or determine that the rims contain a defect related to motor vehicle safety, the manufacturer would be required to remedy the defect or noncompliance. Section 154 (a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, if the rims fail to comply with an applicable safety standards or contain a safety- related defect, the manufacturer must notify purchasers of the safety-related defect of noncompliance and must either:; >>>1. repair the rim so that the defect or noncompliance is removed, or 2. replace the rim with an identical or reasonably equivalent rim tha does not have a defect or noncompliance.<<<; Whichever of these options is chosen, the rim manufacturer must bea the full expense and cannot charge the rim owner for the remedy if the rim was first purchased less than 8 years before the notification campaign.; In the event that neither the importer nor the actual manufacture satisfied an obligation imposed on a 'manufacturer' by the Act or our regulations, the agency would consider taking enforcement action against both parties. Any such obligation, however, may be completely satisfied by either party.; Additionally, I am enclosing copies of two procedural rules which appl to all parties subject to the regulations of this agency. The first is 49 CFR Part 566, *Manufacturer Identification*. This requires either the actual manufacturer of the rims or your company as the importer to submit your name, address, and a brief description of the items of equipment you manufacture to the agency within 30 days of the date these wheels arrive in the United States.; The other regulation is 49 CFR Part 551, *Procedural Rules*. Thi regulation requires that actual manufacturer of these rims to designate a permanent resident of the United States as the manufacturer's agency for service of process in this county. Your company may be designated as the agent, if the manufacturer so chooses. Part 551 specifies that the designation of agency must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin 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 mailin address of the manufacturer,; 3. Marks, trade names, or other designations of origin of any of th manufacturer's wheels and rims that do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,; 5. A declaration of acceptance duly signed by the agent appointed b the manufacturer, and that agent may be an individual, firm, or U.S. corporation, and; 6. The full legal name and address of the designated agent.<<< This designation must be received by this agency before these wheel and rims are imported into the United States.; If you need further information, or a clarification of any of th information set forth herein, please contact Steve Kratzke of my staff at this address or by telephone at (202) 426-2992.; Sincerely, Erika Z. Jones, Chief Counsel