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Interpretation ID: 17688.wkm

Mr. Sunarto Vanani
Quality Assurance Manager
P. T. Elangperdana Tyre Industry
J1n Elang, Desa Sukahati - Citeureup
Bogor 16810, Indonesia

Dear Mr. Vanani:

Please pardon the delay in responding to your inquiry to this office in which you request interpretation of regulations and standards regarding manufacture of new tires, particularly 49 Code of Federal Regulations (CFR) Parts 569, 571, and 574. You stated that as new tire manufacturers you intend to go into the export business and you need to know the applicable standards.

For your information, the National Highway Traffic Safety Administration (NHTSA) has the statutory authority to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment, including tires. The law establishes a self-certification system in which vehicle and equipment manufacturers themselves certify that their products comply with all applicable FMVSSs. NHTSA enforces the standards by purchasing and testing vehicles and equipment. NHTSA also investigates safety-related defects. Each manufacturer is responsible for ensuring that its products are free of safety-related defects. If a vehicle or item of equipment is found not to comply with applicable standards or is found to have a safety defect, the manufacturer is responsible for remedying the noncompliance or defect at no charge to the customer. The manufacturer may also be subject to substantial civil penalties for violations of these requirements.

As you requested, please find enclosed copies of the following standards and regulations pertaining to the manufacture and importation of new tires:

  • 49 CFR Part 569, Regrooved Tires

  • 49 CFR 571.109 (Standard No. 109), New pneumatic tires

  • 49 CFR 571.110 (Standard No. 110), Tire selection and rims

  • 49 CFR 571.119 (Standard No. 119), New pneumatic tires for vehicles other than passenger cars

  • 49 CFR 571.120 (Standard No. 120), Tire selection and rims for motor vehicles other than passenger cars

  • 49 CFR Part 574, Tire Identification and Recordkeeping

  • 49 CFR 575, Consumer Information Regulations

I am also enclosing 49 CFR Part 551, Procedural Rules, subpart D of which requires each importer of motor vehicles or motor vehicle equipment, which includes tires, to designate a permanent resident of the United States as its agent for the service of legal process, notices, orders, decisions, and other applicable requirements. The resident agent must be designated and this agency so advised before tire codes can be assigned in accordance with Part 574.

For your additional information, I am enclosing copies of fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's safety Standards and Regulations.

I hope this information is helpful to you. Should you have further questions or need additional information, feel free to contact Walter Myers of my staff at this address or at 001 801 10 (202) 366-2992, fax 001 801 10 (202) 366-3820.

Sincerely,
Frank Seales, Jr.
Chief Counsel
Enclosures
ref:109
d.6/5/98