Interpretation ID: nht88-1.54

TYPE: INTERPRETATION-NHTSA

DATE: 02/24/88

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Captain Robert W. Barthelmess

TITLE: FMVSS INTERPRETATION

TEXT:

Captain Robert W. Barthel Box 5744 APO, NY 09633

Dear Captain Barthelmess:

This is in reply to your letter of December 30, 1987, to this agency with respect to the requirements for importing tires without the DOT symbol.

You have asked whether the DOT symbol must still appear on the tires of vehicles that conform to the U.S. Federal motor vehicle safety standards. The answer is yes; there has been no change in the requirement that the DOT symbol appear on the sidewall of tires manufactured as either original or replacement equipment. The DOT is the manufacturer's certification of compliance with all applicable Federal motor vehicle safety standards. In your letter, you stated that one individual at the Army Air Force Ex change Service indicated that the DOT symbol had been replaced by a series of numbers. This individual may have confused the requirement for the DOT symbol with a different Federal requirement for an identification number to appear on tires. The tire ide ntification number, along other things, assists in the tracing and recalling of tires which may prove to be noncomplying or defective. The requirement for the tire identification number is in addition to, not in place of, the requirement for the DOT symb ol.

You have also asked (with reference to service personnel like yourself who recently bought non-DOT marked tires for your U.S. type automobiles) whether there is a technical possibility of denial of entry to vehicles certified as meeting U.S. safety speci fication but equipped with tires not bearing the DOT symbol. The general procedure is that when a motor vehicle arrives at the port of entry it will be inspected to see whenever it bears the manufacturer's certification of compliance (generally in the dr iver's door post area). We do not know whether Customs makes it a practice to inspect vehicles of U.S. origin for this certificate when a serviceman is returning to the States. If an inspection occurs and the vehicle bears the certification, the vehicle is admitted without further inspection. It is possible, of course, that a Customs inspector could happen to notice in passing the lack of the DOT symbol on the tires. In this instance, as the vehicle would not be in conformity with all applicable standar ds, the Customs inspector could require entry of the vehicle under bond, which would be released upon the importer's production of a statement to this agency that the noncompliance had been corrected. Although we are not aware of any instance in which th is has actually happened, you may wish to contact Customs with respect to its inspection procedures. You may also wish to write GoodYear asking for a statement that the Vector tires comply with Standard NO. 109, which could be presented to Customs should questions arise.

I hope that this answers your questions.

Sincerely,

Erika Z. Jones

Chief Counsel