Interpretation ID: nht68-1.2

DATE: 01/01/68 EST.

FROM: R. M. O'Mahoney; NHTSA

TO: Ontario Department of Transport

TITLE: FMVSS INTERPRETATION

TEXT: This is in confirmation of our telephone conversation of August 26, 1968, and in reply to your letter of July 22, 1968, in which you inquire as to the meaning of "manufacturer" in the Tire Standard, No. 109, particularly in light of the practice of concealing the identity of the real maker of the tires.

The term "manufacturer" employed in the labeling requirements section of that standard, by the rule set forth in 23 C.F.R. @@255.3, is used in the meaning defined in section 102 of the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C.@@1391:

"Manufacturer means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale."

The clear implication of this definition is that we are to be concerned with the company that is the actual maker of the tires in question, not retail outlets, suppliers who are not manufacturers, or other parties who may misleadingly appear to be the manufacturer.

We are not aware of any situation where the ownership or control of the tire manufacturing operation is so fragmented as to leave the relevant identity of the manufacturer unclear, within the meaning of the above. If such a case is brought to our attention, we will deal with it on its own facts.

We are happy to be of assistance.