Interpretation ID: 1985-04.13

TYPE: INTERPRETATION-NHTSA

DATE: 11/01/85 EST

FROM: AUTHOR UNAVAILABLE; Jeffrey R. Miller; NHTSA

TO: Sam Verma -- Erincraft Mfg. Co., Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Sam Verma Erincraft Mfg. Co., Inc. 742 East 8th Street Michigan City, Indiana 46360

This responds to your letter of August 6, 1985, asking how to obtain a "DOT number," so that your company can import truck tires into the United States from a plant in India. The procedures to be followed are set forth in 49 CFR Part 574, Tire Identification and Recordkeeping, a copy of which is enclosed for your information. That regulation requires every tire sold in this country to be labeled with certain information (see 574.5), including the identification mark assigned to the manufacturer. To obtain an identification mark, the actual manufacturer of the tires should provide the information specified in 574.6 of the regulation. Please note that an identification mark will be assigned only to the actual manufacturer of tires, and not to companies importing those tires. This is because 574.5 requires that this identification mark be molded into or onto all new tires. The only party which can mold the mark on the tire is the actual manufacturer. Therefore, the entity which owns the tire plant in India must apply for the identification mark. An identification mark is normally assigned within two weeks after the receipt of such a request. The owner of the tire plant in India should also be aware of a procedural rule which applies to all parties subject to the regulation of this agency, 49 CFR Part 551 (copy enclosed). This rule requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of process in this country. The agent may be either an individual or a business entity. The identification mark required by Part 574 will not be assigned until this agency has received a valid designation of agent from the Indian tire manufacturer. Part 551 specifies that the designation of agent must contain the following six items of information: 1. A certification that the designation is valid in form and binding on the company under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and p;ace where it is made; 2. The full legal name, principal place of business and mailing address of the Indian tire manufacturer; 3. Marks, trade names, or other designations of origin of any of that manufacturer's tires which do not bear the name of the company; 4. A statement that the designation shall remain in effect until withdrawn or replaced by the Indian tire manufacturer; 5. A declaration of acceptance duly signed by the agent appointed by the Indian tire manufacturer, and the agent may be an individual or U.S. firm or corporation; and 6. The full legal name and address of the designated agent. If you need any further information or a clarification of some of the information set forth in this letter, please contact Steve Kratzke of my staff at this address or by telephone (202) 426-2992. Sincerely, Original Signed By Jeffrey R. Miller Chief Counsel Enclosures