Interpretation ID: nht75-6.17

DATE: 11/10/75

FROM: FRANK A. BERNDT -- ACTING CHIEF COUNSEL NHTSA

TO: JOHN B. WHITE -- ENGINEERING MANAGER TECHNICAL INFORMATION DEPT. MICHELIN TIRE CORPORATION

TITLE: N40-30

ATTACHMT: ATTACHED TO LETTER DATED 12/09/88 FROM ERIKA Z. JONES -- NHTSA TO LANCE E. TUNICK, REDBOOK A33, STANDARD 208; LETTER DATED 09/04/85 FROM JEFFREY R. MILLER TO STEPHEN T. WAIMEY AND DEAN HANSELL, STANDARD 208; LETTER DATED 10/20/88 FROM LANCE E. TUNICK TO ERIKA Z. JONES, REQUEST FOR INTERPRETATION OF FMVSS 208, OCC 2696

TEXT: Dear Mr. White:

This is in response to your letter of October 17, 1975, concerning the importation into the United States of tires that will be mounted on trucks intended for export from the United States.

49 CFR Part 571.7(d) and Section 108(b)(5) of the National Traffic and Motor Vehicle Safety Act of 1966 specify that no Federal Motor Vehicle Safety Standards (FMVSS) apply to

a motor vehicle or item of motor vehicle equipment intended solely for export, and so labeled or tagged on the vehicle or item itself and on the outside of the container, if any, which is exported.

Therefore, tires which Michelin manufactures for sale directly to a truck manufacturer who will mount them on trucks which are intended solely for export need not comply with Standard No. 119, New Pneumatic Tires for Vehicles Other than Passenger Cars. When imported and shipped to the truck manufacturer, the tires must bear a label or tag indicating intent to export. Such a label must also appear on the outside of the container, if any, in which the tires are shipped. Importation of such tires is permitted by 19 CFR 12.80(b)(1)(ii), provided they are so labeled. A label need not remain on the tires after they have been mounted on the trucks, provided that the trucks bear similar labels.

Because these tires are not subject to any FHVSS and are beyond the scope of any expected defect notification and remedy program, Michelin Tire Corporation is not subject to the requirements of 49 CFR Part 574, Tire Identification and Recordkeeping, with respect to them.

Sincerely,