Interpretation ID: nht80-2.45
DATE: 06/06/80
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Meon, Inc.
TITLE: FMVSR INTERPRETATION
TEXT:
June 6, 1980
Mr. Martin D. Davis Meon, Inc. 221-18 Merrick Boulevard Springfield Gardens, New York 11413
Dear Mr. Davis:
This is in response to your letter of May 8, 1980, asking whether certain listed sizes of Phoenix brand tires, imported by Meon, Inc. fall within the coverage of the Uniform Tire Quality Grading (UTQG) Standards (49 CFR S 575.104). You state that Meon, Inc. is the sole United States importer of Phoenix tires, that the total number of Phoenix tires to be imported will not exceed 35,000 per year, and that no more than 15,000 tires of a particular type or size will be imported annually.
The UTQG Standards do not apply to "limited production tires" as defined in paragraph (c)(2) of the UTQG regulation. To qualify as a limited production tire, the annual domestic production or importation by the tire's manufacturer or domestic purchase or importation by a brand name owner cannot exceed 15,000 tires (49 CFR S 575.104(c)(2)(i) and (ii)). The tire's size cannot have been listed as a vehicle manufacturer's recommended tire size designation for a new motor vehicle produced in or imported into this country in quantities exceeding 10,000 vehicles during the calendar year preceding the year of the tire's manufacture (49 CFR S 575.104(c)(2)(iii)). In addition, the total annual domestic production or importation into the United States by the tire's manufacturer of tires otherwise meeting the limited production criteria cannot exceed 35,000 tires (49 CFR S 575.104(c)(2)(iv)).
Based on the information in your letter, it appears that the first and third criteria would be satisfied with regard to Meon's contemplated importation of Phoenix tires. However, your letter provides no information on the production of vehicles for which the stated tire sizes may be recommended.
In order to ascertain whether the subject tires meet all of the criteria for limited production tires, Meon must determine the motor vehicles for which the stated sizes were designated as recommended tire sizes during the calendar year preceding the year of the tire's manufacture, and the domestic production or importation of each of those vehicles for that calendar year.
Sincerely,
Frank Berndt Chief Counsel
MAY 8, 1980
MR. RICHARD J. HIPOLIT OFFICE OF CHIEF COUNSEL NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ROOM 5219 400 7TH STREET S.W. WASHINGTON, D.C. 20590
DEAR MR. HIPOLIT: RE: PHOENIX IMPORTED TIRES FROM WEST GERMANY
PURSUANT TO OUR TELEPHONE CONVERSATION OF TODAY WE REQUEST WRITTEN CONFIRMATION FROM YOUR OFFICE THAT PHOENIX IMPORTED TIRES ARE EXEMPT FROM UNIFORM TIRE QUALITY GRADING.
THE FACTS ARE THESE:
1. WE ARE THE DESIGNATED AGENT OF PHOENIX A.G. OF WEST GERMANY, MANUFACTURERS OF PHOENIX BRAND TIRES. WE ARE ALSO THE SOLE IMPORTERS.
2. WE IMPORT THE FOLLOWING TYPES, SIZES, AND CONSTRUCTIONS:
SIZE TOTAL # # AND TYPES TREAD DESIGN TREAD COMPOUND OF PLIES OF PLIES
185/60HR13 5 1 RAYON 4 RIB HIGH SPEED 185/60VR13 5 2 STEEL 4 RIB VERY HIGH SPEED 175/70HR13 5 2 NYLON 4 RIB HIGH SPEED
185/70HR13 6 4 RIB HIGH SPEED 205/60HR13 6 2 RAYON 4 RIB HIGH SPEED 205/60HR13 6 2 STEEL 4 RIB VERY HIGH SPEED 195/60HR14 6 2 NYLON 4 RIB HIGH SPEED 185/70HR14 6 4 RIB HIGH SPEED
195/70HR14 4 5 RIB HIGH SPEED 195/70VR14 4 2 RAYON 5 RIB VERY HIGH SPEED 205/70HR14 4 2 STEEL 5 RIB HIGH SPEED 205/70VR14 4 5 RIB VERY HIGH SPEED
205/60HR15 6 2 RAYON, 2 STEEL 4 RIB HIGH SPEED 205/60VR15 6 2 NYLON 4 RIB VERY HIGH SPEED
LATER THIS YEAR WILL BE ADDED THE FOLLOWING TIRES:
235/60HR13 235/60VR13 245/60HR14 245/60VR14 195/50HR15 195/50VR15
TOTAL TIRES TO BE IMPORTED INTO THE UNITED STATES WILL NOT EXCEED 35,000 PER YEAR. NO SINGLE TYPE OR SIZE WILL EXCEED 15,000 IN QUANTITY FOR A YEAR.
IT IS OBVIOUS THAT PHOENIX TIRES SHOULD BE EXCLUDED FROM THE REQUIREMENTS OF THIS REGULATION. EACH OF THE 14 TIRE TYPES AND SIZES WE SELL NOW HAVE DIFFERENT CHARACTERISTICS AND WOULD ENTAIL SEPARATE TESTS, THE COSTS OF WHICH WOULD BE PROHIBITIVE, AND THE RESULTS LIMITED. WITH 6 SIZES AND TYPES MORE TO BE ADDED SOON THE TOTAL NUMBER OF TESTS REQUIRED WOULD BE 20. THIS WOULD BE ALMOST IMPOSSIBLE AND SERVE NO GOOD.
WE WERE REFERRED TO YOU BY DR. F. CECIL BRENNER OF THE OFFICE OF AUTOMOTIVE RATINGS.
AWAITING YOUR CONFIRMATION, WE ARE
VERY TRULY YOURS,
MARTIN D. DAVIS, PRESIDENT MEON, INC.
MDD:AB