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April 27, 2017 02:00 AM

Sumitomo seeks noncompliance ruling

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    WASHINGTON — Sumitomo Rubber USA L.L.C. (SRUSA) has submitted a petition for a decision of inconsequential noncompliance on 138 mislabeled Kelly KDA commercial truck tires.

    If granted, the decision of inconsequential noncompliance will excuse Sumitomo from conducting a formal recall.

    The tires, size 11R22.5, were manufactured Dec. 4-17, 2016, according to the NHTSA notice published in the April 20 Federal Register.

    SRUSA inadvertently omitted the sidewall markings required by federal law. The tires meet or exceed all federal safety and performance standards, and do not affect their operation, Sumitomo told NHTSA.

    Sumitomo Rubber USA produces the tires under contract for Goodyear at its plant in Tonawanda, N.Y., which  its parent, Sumitomo Rubber Industries Ltd., acquired from Goodyear in 2015.

    The agency has granted previous decisions of inconsequential noncompliance in similar situations, because consumers do not generally base their tire purchases on sidewall markings, the tire maker said.

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