Interpretation ID: nht76-5.58

DATE: 07/07/76

FROM: AUTHOR UNAVAILABLE; John Womack; NHTSA

TO: Carideng

TITLE: FMVSR INTERPRETATION

TEXT: This is in response to your telex of June 18, 1976, requesting information concerning the designation of an agent for service of process and the assignment of a tire identification number.

Section 110(e) of the National Traffic and Motor Vehicle Safety Act (Pub. L. 89-563) requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent upon whom service of all processes, orders, decisions, and requirements may be made. Such designation should be filed with the Office of Chief Counsel of the National Highway Traffic Safety Administration.

In order for the designation to be effective, it is necessary that the procedural requirements of 49 CFR 551.45 (enclosed) be fulfilled by the submission of the following information:

1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;

2. The full legal name, principal place of business and mailing address of the manufacturer;

3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear his name;

4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;

5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and

6. The full legal name and address of the designated agent.

In addition, the designation must be signed by one with authority to appoint the agent; the signer's name and title should be clearly indicated beneath his signature.

Part 574, Tire Identification and Recordkeeping, does not require the designation of an agent for service of process prior to the assignment of a tire identification number. We are, therefore, forwarding your code number. Your tire identification number is T4.

Although you have been assigned an identification number, you are not permitted by Federal law to offer tires for importation into the United States until you have properly designated an agent for service of process. If you decide for any reason not to offer your tires for importation, we request that you notify the agency so that your tire code number can be placed in our inactive file.

If you have any questions concerning these requirements, please do not hesitate to contact me.

SINCERELY,

JUNE 18, 1976

TELEX MESSAGE FOR: U S DEPARTMENT OF TRANSPORTATIONS NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ATT. E. T. DRIVER DIRECTOR OFFICE OF CRASH AVOIDANCE MOTOR VEHICLE PROGRAMS.

DEAR SIRS,

WE NOW URGENTLY NEED TO HAVE OUR MOTORCYCLE (MOPED) TYRES AGREED FOR SALES IN THE USA. HOWEVER, FROM YOUR LETTER REF. N41-33 DD. MAY 6, 196EEE1976 WE UNDERSTAND THAT TO OBTAIN A TIRE IDENTIFICATION OR NUMBER WE SHOULD HAVE AN AGENT ESTABLISHED IN THE USA, WHILE THIS IS NOT THE CASE AND WE HAVE ONLY A COMMISSION AGENT TRAVELLING 3 OR 4 TIMES A YEAR THROUGH THE USA BUT LIVING IN EUROPE. PLSE LET US HAVE YOUR FURTHER INSTRUCTIONS AND SUGGESTIONS AND AT THE SAME TIME GIVE US AN IDEA OF THE ESTIMATED DELAY THAT IS NECESSARY TO OBTAIN A TIRE IDENTIFICATION NUMBER.

THANK YOU IN ADVANCE FOR YOUR COOPERATION D. PONCELET RUBBERFACTORY CARIDENG LANAKEN - BELGIUM