Interpretation ID: 1982-2.18

DATE: 06/30/82 EST

FROM: FRANK BERNDT -- CHIEF COUNSEL, NHTSA

TO: MIKE SMITH -- PRESIDENT, FLEET TIRE SERVICE

TITLE: NCA-30

ATTACHMT: MEMO DATED 3-23-82, FROM MIKE SMITH-FLEET TIRE SERVICE, TO NHTSA

TEXT: This responds to your recent letter to this agency asking about requirements for importing and retreading truck tire casings. In your letter and through a phone conversation with Mr. Kratzke of my staff on April 23, you stated that you had imported 220 truck tire casings from Belgium for the purpose of retreading. These casings all had DOT numbers on them. You buffed the tires for retreading, and then had a local police officer ascertain that each casing had indeed been buffed. This procedure would fully satisfy our requirements for retreaded truck tires.

As you probably know, there is no Federal safety standard for retreaded tires for motor vehicles other than passenger cars. However, before June 18, 1981, any such tires to be imported for retreading had to have a DOT symbol on the sidewall, or some other certification by the original manufacturer that the tires, as originally manufactured, complied with our standard for new truck tires. On June 18, 1981, the agency issued an interpretation stating that tires to be retreated for motor vehicles other than passenger cars could be imported solely for the purposes of retreading without having a DOT certification, providing that certain conditions were met. I have enclosed a copy of this interpretation for your information.

One of the conditions which the U.S. Customs Service has established for such activity is that the importer file an affidavit stating that casings without a DOT number will be buffed and retreaded, and none will be sold without retreading. The steps you took with this shipment of tires to show that each tire was actually retreaded were unnecessary, since your tires all had a DOT symbol on the sidewall, and could legally have been sold as used tires.

Your efforts to ensure that your retreading operation fully complied with all legal requirements are commendable. Efforts like yours will help make our roads as safe as possible for everyone using them. Should you have any further questions, or need any further information, please contact Mr. Kratzke at this address or by phone at (202) 426-2992. ENCLOSURE