Interpretation ID: nht76-1.21

DATE: 12/14/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Universal Imports

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your November 5, 1976, letter concerning antique tires. You have asked whether it is permissible to import 6.70 x 15 tires, an original equipment size on several classic Mercedes-Benz, that are not marked in accordance with Federal Motor Vehicle Safety Standard No. 109, New Pneumatic Tires.

Standard No. 109 applies to "new pneumatic tires for use on passenger cars manufactured after 1948" (S2). The 6.70 x 15 tire size designation appears in Table I-A of Appendix A of the standard. While this tire may have been original equipment on several classic cars, it is also for use on passenger cars manufactured since 1948. As such, it is subject to all the requirements of Standard No. 109. Therefore, a 6.70 x 15 tire that is not marked according to the standard may not be imported into the United States.

SINCERELY,

Universal Imports

Office of Chief Counsel National Highway Traffic Safety Association

Attention: Frank Berndt, Acting Chief Counsel

November 5, 1976

LETTER #7998

To date we are still anxiously awaiting reply to our letter No. 7725 dated September 13, regarding the sale of non-D.O.T. marked tires for off-road use. Since that time we have also come across a new problem regarding non-D.O.T. marked tires and this specifically is in regard to antique tires. We have recently had made available to use a line of Dunlop antique tires from their Vintage line. One particular tire, a 670 x 15 is of special interest to us as it is the original equipment size on several classic Mercedes. Regarding this problem, we have the following questions:

1. Can we legally import these tires at all?

2. Is there any provision for bringing in antique tires without D.O.T. marks for use on antique cars that are specifically for show, parades, etc.?

3. If there is no provision regarding the importation and sale of the above tires, what are our requirements as a vendor concerning the sale of these tires from both a retail and wholesale standpoint?

Should you require any additional information or clarification, please contact me at the above address or telephone number. Looking forward to your early reply, we remain

William G. Mathews, III Vice President