Interpretation ID: nht76-1.25

DATE: 11/04/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Universal Imports;

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your September 13, 1976, letter concerning "a line of racing/rally tires that are not Department of Transportation marked."

I understand from your recent telephone conversation with Mark Schwimmer of my staff that the tires with which you are concerned are of the following size designations: 165/70 HR 10 ; 225/60 HR 14 ; 225/60 HR 13 ; and 195/70 HR 13.

Section S6 of Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires -- Passenger Cars, reads as follows:

S6. Nonconforming tires. No tire of a type and size designation specified in Table I of Appendix A that is designed for use on passenger cars and manufactured on or after October 1, 1972, but does not conform to all the requirements of this standard, shall be sold, offered for sale, introduced or delivered for introduction in interstate commerce, or imported into the United States, for any purpose. (emphasis added)

because the size designations of the tires in question all appear in Table I of Appendix A, these tires are subject to the prohibitions of S6 unless they were manufactured before October 1, 1972. "All the requirements of the standard" include both performance and labeling requirements.

Sincerely,

ATTACH.

Universal Imports

FRANK BERNDT -- ACTING CHIEF COUNSEL, National Highway Traffic Safety Association

September 13, 1976/Letter #7725

Dear Mr. Berndt:

Universal Tire and it's affiliates are involved in practically every aspect of the tire industry except retreading. The import aspect of our business has just been offered a line of racing/rally tires that are not Department Of Transportation marked.

As you are probably aware there exists today an ever growing extremely viable market for off road racing and rally oriented products.

It is our desire to approach this new market from retail, wholesale and mail order standpoints. We are especially concerned with our responsibilities with regard to selling these race/rally tires since they are not Department Of Transportation marked. Please keep in mind that we wish not only to adhere to the letter of the law but to the spirit of the law as well. Any guidance you can offer us regarding the sale of these tires would be greatly appreciated.

Again, as we see it we have three separate sets of selling circumstances: retail, wholesale and mail order (retail), and would like guidelines from you for all three.

Thanking you in advance for any assistance you might furnish, we remain

Most cordially,

William G. Mathews, III -- Division Manager