Interpretation ID: aiam0580
Vice President
Bandag Incorporated
1055 Hershey Avenue
Muscatine
Iowa 52761;
Dear Mr. Visher: #This is in reply to your letter of January 15, 1972 asking whether your 'treadless' passenger car tire will be considered a new tire under the Federal motor vehicle safety standard. You enclosed a diagram and explain that the 'treadless' tire is a 'brand new ... tire that we will furnish our dealers and then they will apply a new bandag tread to the tire and then sell the finished unit. #Based upon your description you have provided, we are of the opinion that you treadless tire is a new tire, and consequently subject to Motor Vehicle Safety Standard No. 109. Also, as each dealer applies the tread to the tire,each would be considered a 'manufacturer' under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1381 *et seq.*), and be responsible for the requirements imposed upon manufacturers by the Act, and the standards and regulations issued pursuant to it. #We are pleased to be of assistance. #Yours truly, Richard B. Dyson, Assistant Chief Counsel;