Interpretation ID: aiam3945
Narjeholmevagen 18
S-633 46 Eskilstuna
SWEDEN (Sverige);
Dear Sirs: This responds to your recent letter to this office seeking informatio about this agency's requirements applicable to the importation of rims for use on trucks and buses. You were particularly interested in learning the requirements for you to use the DOT symbol on your rims, and asked what technical support the agency would need to make that determination.; All rims for use on trucks and buses which are imported into or sold i the United States customs territory must satisfy Federal Motor Vehicle Safety Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars* (49 CFR S571.120, copy enclosed). This standard specifies two requirements applicable to these rims. The first requirement, set forth in section S5.1.1, is that the rims mounted on a new vehicle must correspond with the size tire on the vehicle. That is, the rims size must be listed as suitable for use with that tire size by the tire manufacturer. This requirement is the sole responsibility of the vehicle manufacturer, since only the vehicle manufacturer knows what size tires will be mounted on the rim.; The second requirement, set forth in section S5.2, is that the rim b marked by the rim manufacturer with five specified items of information. These are:; >>>(1) A specified designation indicating the source of the rim' published nominal dimensions,; (2) The rim's size designation and, in the case of multi-piece rims the rim type designation,; (3) The symbol DOT, which constitutes a certification by the ri manufacturer that the rim complies with the applicable requirements of the safety standards,; (4) A designation identifying the rim manufacturer by name, trademark or symbol, and; (5) The month and year in which the rim was manufactured.<<< You stated that you were interested in knowing the requirements for yo to mark your rims with the symbol 'DOT.' The United States does not use a certification process similar to the European countries, in which the manufacturer delivers the rims to be certified to a governmental entity, and that entity test the rims to determine if they can be certified as complying with the applicable standards. Instead, in the Untied States, the individual rim manufacturer must certify that its rims comply with all applicable standards. In the case of rims for use on trucks and buses, Standard No. 120 contains all the applicable requirements. The certification need not be based on actual tests, the only requirement is that the manufacturer exercise due care in making the certification. Obviously, with respect to the requirements for rims for use on trucks and buses, no testing is necessary since the standard only sets marking requirements for those rims. Once the manufacturer determines that these rims satisfy those requirements, it marks the symbol 'DOT' on the rims.; If either your company or this agency determines that the imported rim do not comply with the requirements of Standard No. 120 or determine that the rims contain a defect related to motor vehicle safety, your company would be required to remedy the defect or noncompliance. Section 154 (a)(2)(B) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1414(a)(2)(B)) specifies that, if the rims fail to comply with Standard No. 120 or contain a safety-related defect, the manufacturer must notify purchasers of the safety-related defect of noncompliance and must either:; >>>(1) repair the rim so that the defect or noncompliance is removed or; (2) replace the rim with an identical or reasonably equivalent rim tha does not have a defect or noncompliance.<<<; Whichever of these options is chosen, the rim manufacturer must bea the full expense and cannot charge the rim owner for the remedy if the rim was first purchased less than 8 years before the notification campaign.; Additionally, I am enclosing copies of two procedural rules which appl to all parties subject to the regulations of this agency. The first is 49 CFR Part 566, *Manufacturer Identification*. This requires either the actual manufacturer of the rims or your company as the importer to submit your name, address, and a brief description of the items of equipment you manufacture to the agency within 30 days of the date these wheels arrive in the United States.; The other regulation is 49 CFR Part 551, *Procedural Rules*. Thi regulation requires that actual manufacturer of these rims to designate a permanent resident of the United States as the manufacturer's agency for service of process in this county. Your company may be designated as the agent, if the manufacturer so chooses. Part 551 specifies that the designation of agency must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business, and mailin address of your company,; 3. Marks, trade names, or other designations of origin of any of th manufacturer's wheels and rims that do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by the manufacturer,; 5. A declaration of acceptance duly signed by the agent appointed b the manufacturer, and that agent may be an individual, firm, or U.S. corporation, and; 6. The full legal name and address of the designated agent.<<< This designation must be received by this agency before these wheel and rims are imported into the United States.; If you need further information, or a clarification of any of th information set forth herein, please do not hesitate to contact me.; Sincerely, Jeffrey R. Miller, Chief Counsel