Interpretation ID: aiam4356
DeRonde Casings
Ltd.
202 Walden Avenue
Buffalo
NY 14211;
Dear Mr. De Nijs: This responds to your letter to this office, in which you asked whethe you could import into the United States foreign truck tire casings that do not have either a DOT symbol or a tire identification number on the sidewall. You stated in your letter that you would either retread these tires yourself or sell them to other retreaders to be retreaded. Subject to certain conditions, you may import these casings.; The general provision dealing with the importation of items of moto vehicle equipment such as tires are set forth in section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397 (a)(1)(A)). That section makes it unlawful for any person to import into the United States any item of motor vehicle equipment manufactured on or after the date that an applicable Federal motor vehicle safety standard takes effect, unless the equipment (tire) is in conformity with the standard. Federal Motor Vehicle Safety Standard No. 119, *New Pneumatic Tires for Vehicles Other Than Passenger Cars* (49 CFR S571.119) took effect on March 1, 1975. Standard No. 119 requires that truck tires and other tires for use on vehicles other than passenger cars pass certain performance tests and be labeled with certain safety information, including the tire identification number. The tire manufacturer is required to certify that each of its truck tires complies with Standard No. 119 by permanently molding the symbol DOT into or onto the sidewall that were manufactured on or after March 1, 1975 would not be in compliance with Standard NO. 119 and could not legally be imported into the United States.; However, the agency reached a somewhat different conclusion wit respect to the permissibility of importing truck tire casings in a June 18, 1981 letter from former Chief Counsel Frank Berndt to Mr. Roy Littlefield (copy enclosed). In that letter, the agency concluded that truck tire casings that have less than 2/32 inch of tread and which are imported *solely* to be retreaded are *not* 'items of motor vehicle equipment' within the meaning of section 108(a)(1)(A) of the Safety Act. This conclusion means that truck tire casings that meet these conditions may be imported into the United States. Please note that you cannot legally import any non-complying casings that will not be retreaded before they are used on the public roads.; If you have any further questions on this subject, please feel free t contact Steve Kratzke of my staff at this address or by telephone at (202) 366-2992.; Sincerely, Erika Z. Jones, Chief Counsel