Interpretation ID: nht79-4.44

DATE: 06/06/79

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Montgomery Tire Service Inc.

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of April 26, 1979, with respect to your wish to import used truck tire casings for the purposes of recapping. You have been advised in a telephone conversation with our Office of Vehicle Safety Compliance that there are two ways to do this: the casings must bear DOT markings, or be accompanied by some proof that they were manufactured before March 1, 1975, the effective date of the truck tire standard, Federal Motor Vehicle Safety Standard No. 119. You believe that this is impossible and have requested our advice.

There is an additional solution whose feasibility we will leave to your determination. While Section 108(a)(1)(A) (15 U.S.C. 1397(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act, as we interpret it, prohibits the importation of used truck tires that do not comply with Standard No. 119, Section 108(b)(3) (15 U.S.C. 1397(b)(3)) allows their importation under bond "to insure that any such [tire] will be brought into conformity with any applicable Federal motor vehicle safety standard" (The corresponding provision of the importation regulation is 19 CFR 12.80(b)(i)(3)). Since the agency presently has no standard that applies to the retreading of truck tires, the applicable standard would be that in effect when the tire was new - Standard No. 119. Thus, if Montgomery Tire Service can demonstrate that its retreaded truck tires conform to Standard No. 119, and are willing to affix a DOT symbol to each tire as certification of that fact, your casings may enter the country under bond as provided for in 19 CFR 12.80(b)(i)(3), releasable when upon an affirmation of compliance to Standard No. 119.

Sincerely,

ATTACH.

Montgomery Tire Service, Inc.

April 26, 1979

National Highway Traffic and Safety Administration

Chief Counsel

Subject: Interpretation of existing ruling on importing worn (used) truck tire casings.

Sirs:

Having recently imported from England a shipment of used truck tire casings (tires worn smooth) for the purposes of recapping, we are now told we cannot use these casings.

This was brought to light by John S. Conner, Inc. of Baltimore, acting as brokers for this incoming shipment. It was brought to their attention by newly installed D.O.T. form #HS-7 which they were not familiar with prior to this time.

Having personal knowledge of these casings having been entering this country and having been recapped by other retreaders throughout the U. S. for quite a lengthy period of time we ask your indulgence in our first venture of this nature. As a point of information; I might say that the quality of these casings is much superior to their American made counterpart.

In phone conversation with Mr. George Shifflett of your Department, Mr. Shifflett informed me that the casings have to fall in either one of two categories; that is, (#1) having to have D.O.T. markings, or (#2) information to the fact that they were manufactured prior to March 1, 1975, the date Standard #119 took effect. This is nigh onto impossible.

Needless to say, we would appreciate your indulgence in clarifying this matter; as we have quite an investment involved, and I'm sure customs have time limits before penalties are imposed.

Assuring you of our proper intent, and not choosing to interpret a ruling of which we have no knowledge, we are holding these casing in our warehouse awaiting an interpretive ruling from yourselves concerning our using and recapping said casings.

Awaiting your reply, I remain,

Sincerely,

Raymond L. Smallwood Retread Plant Manager

C.C.: ORION YOUNG -- John S. Conner, Inc.;

Ref. #111755