Interpretation ID: 1982-3.23

TYPE: INTERPRETATION-NHTSA

DATE: 11/22/82

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Manson & Barish, Inc.

TITLE: FMVSR INTERPRETATION

TEXT:

November 22, 1982 NOA-30

Mr. Mel Weinstein, President Manson & Barish, Inc. 171 Fourth Avenue Bayshore, New York 11706

Dear Mr. Weinstein:

This responds to your recent letter to Mr. Kratzke of my staff requesting that your firm, which imports tires, be assigned to retreader's identification mark under the provisions of 49 CFR Part 574. As I understand it, you plan to import tires retreaded in Japan by six or seven different retreaders, and would like to put your own identification mark on all these tires.

Retreader identification marks are assigned only to retreaders, and not to importers. Therefore, I cannot take the action you have requested. I have enclosed the materials necessary to permit the Japanese retreaders to export their tires into this country, which would achieve the same results you sought.

Chapter 49 CFR 574.5 (copy enclosed) specifies that each retreader shall mold or brand into the sidewall of each retreaded tire it produces for sale in the United States, certain information including the the retreater's identification mark. Part 574.6 specifies that the retreader, not the importer, should apply to this agency to obtain the identification mark. The identification mark is used by the agency as a device to readily identify the manufacturer or retreader of a tire. Thus, S 574.6(b) requires that the manufacturer or retreader identify each of its plants in its application for the identification mark. A separate identification mark is assigned to each plant. It would not serve this intended purpose for the agency to assign an identification mark to an importer, such as yourself, which imports from six different retreaders.

Although you as an importer may not receive an identification mark, each of the Japanese retreaders may apply individually for such a mark. To facilitate any applications by those retreaders, I have enclosed six copies of the form required to receive an identification mark.

In addition to the identification mark required on each tire, the only other requirement with which the Japanese retreaders must comply before offering tires for sale in the U.S. is to designate an agent for service of process. The person or corporation designated as an agent must be a permanent resident of the U.S., as set forth in 49 CFR Part 551 (copy enclosed). Additionally, 49 CFR 551.45 requires that the designation must be in writing and dated with a signature in ink, and must be binding upon the retreader under the laws of Japan. When completed, these designations should be submitted to: Administrator, NHTSA, 400 Seventh Street, S.W., Washington, D.C. 20590. Once the agency has received this designation of agent from a retreader and that retreader has been assigned an identification mark, that retreader's tires may be offered for sale in the U.S. You, of course, could be the retreaders' designated agent.

Should you need any further information or assistance, please contact Mr. Stephen Kratzke of my staff at (202) 426-2992.

Sincerely,

Frank Berndt Chief Counsel

Enclosures

September 28, 1982

OFFICE OF CHIEF COUNSEL NHTSA Room 5219 400 7th Street S.W. Washington, D.C. 20590

Attn: Mr. Steve Kratzke

Dear Mr. Kratzke,

As per our telephone conversation of September 24, 1982, the following is a request to be assigned a D.O.T. identification number, so that our firm can be qualified to import and distribute retreaded foreign tires.

To clarify our position and thoughts, please be advised that we import and export used tires and casing for retreading. We are currently interested in importing Japanese retreaded tires. We understand that the purpose of the D.O.T. identification number is to be able to identify the retreader in case of a recall, as well as a method of communication with the users of such tires.

It is our belief that for the purposes intended it would be beneficial for our company to be assigned the identification number rather than the retreader for the following reasons.

In the event of a recall, we will be able to be notified more readily than a foreign retreader.

It is in our best interest to be abreast of any current laws regarding D.O.T. standards and we are not sure that the same concern is available from a foreign source.

Considering that there is no fedaral standard for truck tire retreading at this point, we believe that it would make more sense to issue our company the D.O.T. identification number. Our company will then negotiate overseas in order to insure the standards that are used in the retreading of the truck tires.

As a member of NTDRA and ARA, it behooves our company to be in a position to oversee the quality of the retreading process and to have only those tires retreaded that would meet basic safety standards imported into the United States.

If we can be of any assistance to you in expediting a decision, please call on us.

We await your reply,

Sincerely yours,

Mel Weinstein, Pres.

MW:ms 11/22/82