Interpretation ID: GF003901
Dae-Ki Min, Esq.
38 West 32nd Street, Suite 1600
New York, NY 10001-3816
Dear Mr. Min:
This is in response to your letter of June 1, 2004, and subsequent phone conversation with George Feygin of my staff. You ask whether identical tires manufactured prior to the completion of the uniform tire quality grading process and submission of results to the National Highway Traffic Safety Administration (NHTSA) can subsequently be marked with appropriate grading information and sold in the United States.
49 CFR 575.104, Uniform tire quality grading standards (UTQGS), requires that all new pneumatic tires sold in the United States for use on passenger cars be graded for treadwear, traction, and temperature resistance, and that those grades or ratings be permanently molded onto the sidewall of each tire. In addition, 49 CFR 575.6(d)(2)(i) requires that each tire brand name owner or tire manufacturer submit to NHTSA the information obtained during the tire grading process, at least 30 days before offering the tires to prospective purchasers.
In your letter, you state that the tires in question are identical and of the same grade as the tires subjected to the tire grading process, but were manufactured prior to the completion of the tire grading process because they were originally intended for a market other than the United States.
Under 575.104(d)(1)(i)(A), tires of a new tire line need not have the UTQGS ratings molded into their sidewalls, if the tires were manufactured within the first six months of production of the tire line. In previous letters, we interpreted this time frame to mean within six months of the initial production of the tire line for export to the United States (see July 12, 1983, letter to Robert Ainsworth). In your situation, some tires were manufactured prior to the decision to import them into U.S. Accordingly, the six-month period would begin on the date of manufacture of the oldest tire that you would import to the U.S. In sum, all tires of the line manufactured not more than six months after the manufacture of the first tire of the line imported into the U.S. need not be permanently molded with UTQGS grades. However, we note that tires eligible for this six-month period are still subject to the paper labeling requirements of 575.104(d)(1)(i)(B).
In addition to the six-month period, certain limited production tires are fully excluded from all UTQGS requirements. In order to qualify as limited production tires, the tires must meet all the following criteria of 575.104(c)(2):
(1) Total annual domestic production or importation into the United States of tires of the same design and size by either the manufacturer or brand name owner may not exceed 15,000 tires;
(2) The tire's size must not have been listed as a vehicle manufacturer's recommended tire size designation for new motor vehicles domestically produced or imported in quantities greater than 10,000 during the year prior to the tire's manufacture; and
(3) The total annual domestic production or importation by the tire's manufacturer or brand name owner may not exceed 35,000 tires.
In all other circumstances, your tires may not be sold in the United States unless they are graded for treadwear, traction, and temperature resistance, and those grades or ratings are permanently molded onto the sidewall of each tire. Further, "molding" means the process by which the tires are shaped in the mold and imbedded with the required grading information during the actual production of the tire. Accordingly, a tire cannot be "molded" with the appropriate UTQGS grading information after it has been manufactured. Instead, the molding process must occur during the manufacture of the tire and not thereafter.
Finally, we note that in addition to UTQGS, there are several Federal motor vehicle safety standards (FMVSSs) applicable to tires sold in the United States. Please be advised that these FMVSSs also require that certain tire safety information be molded into the tire sidewall during the manufacturing process. Specifically, FMVSS No. 109 applies to new pneumatic tires for use on passenger vehicles, and FMVSS No. 119, applies to new pneumatic tires for use on vehicles other than passenger vehicles. Further, tire manufacturers may choose to voluntarily comply with FMVSS No. 139, which applies to new pneumatic tires for use on vehicles that have a Gross Vehicle Weight Rating of 10,000 pounds or less. FMVSS No. 139 is scheduled to become mandatory in the near future. For more information on effective dates and phase-in schedules please see 69 FR 38116, June 26, 2003; and 69 FR 31306, June 4, 2004.
I hope you find this information helpful. If you need further assistance, please contact George Feygin at this address or at (202) 366-2992.
Sincerely,
Jacqueline Glassman
Chief Counsel
ref:575
d.8/9/04