Interpretation ID: aiam3023
Retread Plant Manager
Montgomery Tire Service
Inc.
Box 515
Gaithersburg
Maryland 20760;
Dear Mr. Smallwood: This is in reply to your letter of April 26, 1979, with respect to you wish to import used truck tire casings for the purposes of recapping. You have been advised in a telephone conversation with our Office of Vehicle Safety Compliance that there are two ways to do this: the casings must bear DOT markings, or be accompanied by some proof that they were manufactured before March 1, 1975, the effective date of the truck tire standard, Federal Motor Vehicle Safety Standard No. 119. So believe that this is impossible and have requested our advice.; There is an additional solution whose feasibility we will leave to you determination. While Section 108(a)(1)(A)(15 U.S.C. 1397(a)(1)(A)) of the National Traffic and Motor Vehicle Safety Act, as we interpret it, prohibits the importation of used truck tires that do not comply with Standard No. 119, Section 108(b)(3) (15 U.S.C. 1397 (b)(3)) allows their importation under bond 'to insure that any such [tire] will be brought into conformity with any applicable Federal motor vehicle safety standard' (The corresponding provision of the importation regulation is 19 CFR 12.80(b)(i)(3)). Since the agency presently has no standard that applies to the retreading of truck tires, the applicable standard would be that in effect when the tires was new - Standard No. 119. Thus, if Montgomery Tires Service can demonstrate that its retreaded truck tires conform to Standard No. 119, and are willing to affix a DOT symbol to each tire as certification of that fact, your casings may enter the country under bond as provided for in 19 CFR 12.80 (b) (i) (3), releasable when upon an affirmation of compliance to Standard No. 119.; Sincerely, Frank Berndt, Chief Counsel