Interpretation ID: nht81-1.35

DATE: 03/11/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: M. Yasui & Company, Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

In reply refer to: NOA-30

Mr. Harry Shirai M. Yasui & Company, Ltd. Togin Building Marunouchi 1-4-2, Chiyodaku Tokyo, Japan

Dear Mr. Shirai:

This responds to your October 17, 1980, letter to this agency in which you requested a clarification regarding the regulations applicable to importing used truck tires into the United States. As I understand from your letter, your company collects used truck tires in Japan and ships them to the United States for retreading. However, the tires you are shipping do not have a DOT number on them, which would represent the tire manufacturers' certification that the tires comply with all applicable U.S. requirements. Some of your U.S. customers have refused further shipment of the tires without DOT numbers, based on their belief that accepting the tires would violate Federal regulations. Your customers are correct in their belief that tires imported into the United States must have a manufacturer's certification that the tires comply with all applicable U.S. requirements. However, this requirement can be satisfied without a DOT number on used tires.

Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act, as amended (15 U.S.C. 1397(a)(1)(A)), makes it unlawful for any person to import into the United States any item of motor vehicle equipment, including tires, 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, took effect on March 1, 1975. That standard requires that tires for vehicles other than passenger cars pass certain performance tests (endurance, strength, and high speed performance) and that the manufacturer label the tire with a DOT number to certify that the tire complies with the requirements of the standard. Any tires without a DOT number that were manufactured after March 1, 1975, would not be in compliance with Standard No. 119. Therefore, such tires, could not legally be imported into the United States, as new tires.

However, there are three ways that used tire casings may be legally brought into the United States. The tires must either (1) have a DOT number, (2) be accompanied by proof that they were manufactured before March 1, 1975, or (3) be accompanied by a statement from the original manufacturer that the tires, as originally produced, met the requirements of Standard No. 119. If the tires do not have any of these certifications, the U.S. Customs Service will seize the tires. Should the tires slip through customs without being seized, the retreaders who import the tires into this country are liable for a fine of up to $1,000 for each tire they bring into the country which does not comply with the requirements, according to section 109 of the Traffic Safety Act (15 U.S.C. 1398).

Should you need any further information on this matter, please feel free to contact Mr. Stephen Kratzke of my staff.

Sincerely,

Frank Berndt Chief Counsel