Interpretation ID: 8001
Meridian, Inc.
140 Rye Street
South Windsor, CT 06074
Dear Mr. Mozzicato:
This responds to your telephone conversation with Walter Myers of my staff on November 16, 1992.
You explained to Mr. Myers that your company, Meridian, Inc., exports used tires and casings from the United States to other countries. You stated that although your company endeavors to export only good quality tires, other used tire exporters are not so quality-oriented and export defective or otherwise unserviceable tires. You further stated that as a result of such unscrupulous practices, the country of Venezuela has asked you what the requirements are for importation of used tires into the United States.
The National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S. Code, 1381 - 1431, as amended (hereinafter referred to as the Safety Act), provides at Section 1397(a)(1)(A): "No person shall . . . import into the United States, any . . . item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect . . . unless it is in conformity with such standard . . . ." The effect of that language is to require that motor vehicle tires, whether new or used, manufactured on and after the effective date of applicable Federal safety standards must comply with those standards before they can be imported into the United States. Manufacturers must certify such compliance by molding the symbol "DOT" onto the tire sidewalls. Therefore, to be legally imported into the United States motor vehicle tires must either display the DOT symbol or be accompanied by proof that they were manufactured before the effective date of the applicable safety standards.
The only exception to the above requirement is that used truck tires which have less than 2/32 inch of tread remaining and which are being imported for retreading prior to on-road use may be imported without displaying the DOT symbol. This exception is explained in a June 18, 1981 letter addressed to Mr. Roy Littlefield of NTDRA (copy enclosed).
The standards that apply to passenger car tires are Standard 109, New Pneumatic Tires, and Standard 110, Tire Selection and Rims, found at 49 Code of Federal Regulations (CFR) 571.109 and 571.110 respectively. The standards applicable to tires for vehicles other than passenger cars are Standard 119, New Pneumatic Tires for Vehicles Other Than Passenger Cars, 49 CFR 571.119; and Standard 120, Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars, 49 CFR 571.110. Other regulatory requirements pertinent to tires are Standard 117, Retreaded Pneumatic Tires; Standard 129, New Non-Pneumatic Tires for Passenger Cars; 49 CFR Part 569, Regrooved Tires; 49 CFR Part 574, Tire Identification and Recordkeeping; and 49 CFR Part 575, Consumer Information Regulations. For your information, I am enclosing a fact sheet prepared by this agency entitled Where to Obtain NHTSA's Safety Standards and Regulations which explains how and from where the full text of our safety standards and regulations may be obtained.
I hope the above information will be helpful to you. If you have any further questions regarding any of these matters, please feel free to contact Mr. Myers at this address or at (202) 366-2992, FAX (202) 366-5830.
Sincerely,
Paul Jackson Rice Chief Counsel Enclosure
7NCC-20 WMyers:mar:12/2/92:OCC 8001 Ref: #109#110#119#120 U:\NCC20\INTERP\MIS\8001.WKM Coord: NEF; NRM Interps: 109; 119; Redbook (4)