The Voice of Retreading Dies Harvey Brodsky

Deerfield Beach.Fl-Used Tire News.-Modern Tire Dealer reported online the death of longtime TRIB Director Harvey Brodsky.
From-Modern Tire Dealer

September 29, 2017
TOP 5 NEWS

1. Harvey Brodsky, the Voice of Retreading, Dies at 81
Harvey Brodsky, the longtime managing director of first the Tire Retread & Repair Information Bureau and then the Retread Tire Association, has died in Pacific Grove, Calif. He was 81.
From Modern Tire Dealer: Bob Ulrich

Harvey Brodsky Made a Lasting Impression on Retreading, the Tire Industry and Me

http://www.moderntiredealer.com/blogpost/b-o-b/725486/harvey-brodsky-made-a-lasting-impression-on-retreading-the-tire-industry-and-me
From Modern Tire Dealer: Bob Ulrich

Harvey Brodsky Made a Lasting Impression on Retreading, the Tire Industry and Me
“I write this upon hearing of the death of Harvey, who died of complications from lung cancer on Sept. 17 at the age of 81. With all the technology we have, news, at least bad news, does not always travel fast. He was an industry icon, truly the “Voice of Retreading” for 28 years as managing director of the Tire Retread & Repair Information Bureau, or TRIB. He was a tireless conference speaker, exhibitor, promoter of retreading and refuter of negative publicity of the retreading industry. He received the American Retreaders Association Industry Leadership Award in 1991, only nine years into his role with TRIB. At his induction into the International Tire & Rubber Association Hall of Fame in 2000, he once again shared a life lesson: “If you find something you love to do, you never have to work a day in your life.”

From- www.usedtires.com- Howard Levy

I met Harvey almost as soon as I entered the used tire wholesale/export business in the late eighties.I looked foward to our telephone talks and seeing him at tire conventions and seminars.He was one of the first people to come to used tire dealers to help us with our issues with others in the tire industry.He was one of two people who told us about the “Commerce Clause of the Constitution” when we had to challenge the government of Puerto Rico back in 1996.
Harvey was not only a gentleman and a scholar he was just a very smart nice guy.A true friend to the used tire industry, as well as the “Voice of Retreading”.No industry ever had a better man advocate their product the way Harvey did “Retreaded Tires”.He was selfless and tireless in his passion and efforts about Retreaded Tires,refuted negativity with positivity.He was a mentor and always was available to talk about whatever.As Bob from “Modern Tire Dealer” points out above a member of the “Tire Industry Hall Of Fame” along with a select few in the Tire Industry,yet a much deserved honor. So sorry I have to blog about this. RIP My Friend

Usedtires.com Takes Stand Against Maritme Shipping Giant Crowley For Exploiting PR On Jones Act

Deerfield Beach,Fl-Used Tire News-Shame on you Crowley Maritime,exploiting an already tragic situation.You certainly would be better served having your Public Relations and Social Media department answer comments on your Facebook,than other employees.I do not need one of your second mates telling me anything.You are big boys you set up a Facebook page have your social media people respond. You can tell your second mate Nate to do his job,your media relations do theirs.Greedy bastards you are exploitng a tragedy by giving out PR statements that are BS.
Help the people that made you Billionaires do the right thing!!!!!

Deerfield-News.com-Deerfield Beach,Fl-Again there will be plenty of time for Crowley and the other US Flagged Vessels protected by The Jones Act,to make plenty of billions more!

Now is not the time to be promoting via social media The Jones Act,now is the time to suspend it!

Let’s get the help to Puerto Rico and it’s citizens the fastest way possible and that means suspending temporarily The Jones Act.

Deerfield News I understand distribution is a problem and there are containers in the port.There are drivers that will not drive 9000 gallons of fuel without police or National Guard protection.The situation is complicated,That said suspend The Act for 90 days to allow whomever can deliver fastest is what needs to be done along with a lot of other things.I am a long time Crowley customer as well as Sea Star,Sea Barge,been shipping used tires from Deerfield Beach/Fort Lauderdale and Germany to Puerto Rico since 1988.

Drivers cannot get from their homes to the port the roads are still not passable in all places. I understand the difficulties,The Jones Act is the last monkey wrench needed.
CROWLEY MARITIME CORPORATION

·
The domestic maritime industry, of which Crowley is a part, has responded to Hurricane Maria in a big way. The American Maritime Partnership reports 3,000 containers filled with goods were expedited and arrived in Puerto Rico ahead of the storm. U.S. carriers have moved approximately 9,500 containers of goods to the island after Maria; the Jones Act fleet deployed in Puerto Rico has the capacity to carry more than 4,000 containers per week to the island; and the largest U.S. container ship in the trade can carry enough cargo to fill 1,900 cargo planes. Learn more here: http://crow.ly/2yHWdhu

COMMENTS ON CROWLEY’S FACEBOOK PAGE.

Howard Levy
Howard Levy You should be the first ones saying to Waive The Jones Act Temporarily the right thing to do.People are dying,not the time to promote the Jones Act. SHAME ON CROWLEY!
www.usedtires.com
A long time customer and shipper.I read your promotional piece on FB and in your shipping trade magazine,nonsense BS!
I understand The Jones Act,please do not insult those of us who have to live under it and are subject to it.
Do The Right Thing Call For It To Be Suspended!

RMA NOW USTMA DIFFERENT NAME SAME HALF TRUTHS AND DIRTY GAMES!

Used Tires News-Deerfield Beach,Fl-The RMA is now US Tire Manufacturers Asssociation their members, enemy number one of the used tire retailer and used tire exporter.Well even with the “Big Bucks” they spent “LOBBYING” which I use loosely they have been dealt a defeat in Texas!

This organization should be under investigation by DOJ and FTC for violating U.S Anti Trust laws or worse.For the better part of three decades they have been trying to eliminate the sale of used tires.

They began in Venezuela continued throughout South America with a smear campaign and “Lobbying” (code word for bribe and or illegally influence) local officials,either by getting them elected to office or appointed and then using their authority to restrict or eliminate the sale of used tires.They tried in Puerto Rico and we made a “Constituional Challenge” in The Federal Court and to this day have a Permanent Injunction restraining Puerto Rico from interfering with interstate commerce the “Dormant Commerce Clause” and thus used tires sales in PR.

House Bill 2744 had been pushed through both the Texas House and Senate ,yet Governor Gregg Abbott vetoed it and said”Texas does not need to impose new criminal penalties on people who put tires on cars”.
The Governor gets it used tire dealers are in most cases new tire dealers who also repair tires something the USTMA and their members do not do in their retail stores.Used Tire dealers,flat Fix shops still repair and patch tires that are repairable.Instead of embracing the used tire industry and pushing for more training for all tire dealers USTMA has now begun to use it’s influence with TIA a group that represents tire dealers.We urge TIA to reconsider it’s recent shift in positon and work with used tire dealers.Let us not invent a category of “known versus unknown used tires” that is nonsense.

Usedtires.com has Used Tires Available For South Florida Used Tire Dealers!


Deerfield Beach,Fl Used Tires News-Usedtires.com has German used tires in the following sizes available.

QTY
185-65-15-75
195-60-15-67
195-65-15-75
205-60-15-37
205-65-15-40
215-60-15-1
225-60-15-8
205-70-15-10
205-60-16-95
205-65-16-3
215-60-16-60
25-65-16-73
225-60-16-20
225-70-16-6
245-70-16-5
255-70-16-2
265-70-16-2
215-40-17-6
215-45-17-25
225-45-17-110
235-40-17-4
235-45-17-80
245-45-17-5
245-45-17-31
255-40-17-7
255-35-18-40
225-40-18-85
235-40-18-20
255-40-18-12
275-40-18-6
265-40-18-1
225-35-19-4
235-35-19-1
235-40-19-11
245-40-19-27
255-35-19-16
255-40-19-10
235-40-20-2
245-40-20-2
245-45-20-1
255-40-20-5
255-45-20-5
1098 pieces
Contact us at Sales@usedtires.com
www.usedtires.com
954-573-5012

Maersk Lines Bullies Usedtires.com,Refuses Container and Does Not Answer Customers Questions!

Usedtires.com-Deerfield Beach,Fl-Used Tires News-An Open Facebook Post to Maersk Shipping Lines (that orignally was answered by online team,not responded to by customer service in Germany).
My suppliers Schiffarts Agentur in Germany made a booking with you to transport our merchandise Used Tires. Our supplier loaded our paid for merchandise into the container provided to him by Maersk. The tires are at the port,you want to return them to Germany and have our supplier unload them and me pay all the costs????? You have refused to ship our used tires to us in the USA.this is unacceptable. Maersk needs to honor the booking and ship our tires on the next Miami bound vessel.
Sincerely ,
Howard Levy
www.usedtires.com
hlevy@usedtires.com
Container Loaded at
5599 Dornburg-Germany

Hello Mr Levy,

our Social Media department send us your message from Facebook.
Thank you for taking the time to communicate to us why our service did not meet your expectations. We have every desire to address your needs and provide the best solution available to resolve your issue as soon as possible.
Please accept our sincerest apology for any trouble or inconvenience we have caused you. Again, we highly appreciate your feedback as it will assist us in becoming better at what we do. As with any business like ours, the greatest advertising we can have is word of mouth from a satisfied customer. It’s our goal to retain you as a satisfied customer and will hope to serve you again in the future.
To help you more please can you advise us the booking number or container number from this case.
Thank you,

Kind Regards,

for Maersk Deutschland A/S & Co. KG
as agent for the carrier Maersk Line A/S

Sophia Sohrt
Maersk Line Customer Service

Ericusspitze 2-4,
20457 Hamburg / Germany
Trade Register Hamburg A 105094

Phone: +49-40-235210

Hello Sophia,
Container loaded at Reifen Becker on 3-15-2017 for USA,
COD Tire Distributors Imports 1818 West Hillsboro Blvd Deerfield Beach,Fl 33442
CTR-MSKU148895/5 originally scheduled for Maersk Ohio .Contains 1098 poieces of Used tires.

Again,I ask for a complete explanation of why the cargo was refused after,a booking was made and cargo loaded.
Is this Maerk’s new policy no Used Tires aboard your vessels? Shouldn’t the booking have been refused with an explanation?
My supplier Reifen Becker has informed me he is going to Antwerpen ,tomorrow with his workers to unload and reload this container apparently into another lines container..I do not understand how it has come to this.
All charges and costs and losses we will seek redress from Maersk ,as this was done in bad faith and after a booking AND LOADING..
Thanks,
Howard Levy
sales@usedtires.com

STILL NO ANSWER OR EXPLANATION!!!!

PATERSON NEW JERSEY SCRAP TIRE PROGRAM UNDER INVESTIGATION!


UsedTires.com-USED TIRE NEWS-BREAKING NEWS

FROM PATERSON PRESS NORTHJERSEY.com

PATERSON – City officials are asking the Passaic County Prosecutor’s Office to look into possible corruption in Paterson’s tire recycling program in response to allegations raised by an NBC New York report broadcast Tuesday evening.

NBC reported a discrepancy between the revenue Paterson had reported getting for tire collections at the city’s Department of Public Works recycling yard and the payments the city made to a private firm to haul away the tires.

The NBC story included interviews with anonymous DPW employees, who said private companies were paying off municipal workers at the yard to allow them to engage in the illegal practice of dumping extra tires for free.

A city policy says that private companies are supposed to pay $1 for every tire they haul to the municipal recycling yard. But NBC reported that companies were paying just $20 for shipments of dozens of tires.

Paterson officials said they decided to notify the Prosecutor’s Office of the allegations after NBC made inquiries about the situation.

http://www.nbcnewyork.com/investigations/Paterson-Tire-Problem-Whistleblower-Corruption-Investigation-New-Jersey-414346503.html
Report By NBCNEWYORK.com

Scrap Tire Recycling Act - The Power Of A TRO/Injunction

Scrap Tire Recycling Act – The Power Of A TRO/Injunction.

Deerfield Beach based Usedtires.com and Deerfield News has seen the significance and force of law and injunction brings.

Scrap Tire Recycling Act – The Power Of A TRO/Injunction

Back in 1996 The Commonwealth of Puerto Rico enacted Law 171 a Scrap Tire Recycling Act,the laws intention to control the disposal of scrap tires generated inside of Puerto Rico.

The Act also included language inserted at the behest of The New Tire Makers , provisions that would have eliminated by legislation used tire sales inside of Puerto Rico with Used Tires imported from the outside.Used Tire International a company owned by myself and Juan R Perez of COD Tire Distributors in Mayaguez made a Constitutional Challenge against The Commonwealth.

UTI ws successful on The Merits and to this day has a “Permanent Injunction”against certain challenged provisions of Law 171 of 1996.

UTI was saddened to hear of the passing of Judge Shwarzer of The 9ThCircuit Court of Appeals who sat in and who heard our case,

USED TIRE INTERNATIONAL INC v. DIAZ SALDAÑA
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United States Court of Appeals,First Circuit.

USED TIRE INTERNATIONAL, INC., Plaintiff, Appellant, v. Manuel DIAZ-SALDAÑA, Defendant, Appellee.

USED TIRE INTERNATIONAL, INC., Plaintiff, Appellee, v. Manuel DIAZ-SALDAÑA, Defendant, Appellant.

Nos. 97-2347, 97-2348.
Decided: September 11, 1998
Before SELYA and BOUDIN, Circuit Judges, and SCHWARZER,* Senior District Judge.Sylvia Roger-Stefani, Assistant Solicitor General, with whom Carlos Lugo-Fiol, Solicitor General, and Edda Serrano-Blasini, Deputy Solicitor General, Federal Litigation Division, Puerto Rico Department of Justice, were on brief, for appellant. Joan S. Peters, with whom Andrés Guillemard-Noble and Nachman, Guillemard & Rebollo were on brief, for appellee.
In an effort to attack the mounting problem of solid waste disposal, the Puerto Rico legislature in 1996 enacted the Tire Handling Act, also known as Law 171.   This act establishes a comprehensive scheme for the handling and disposal of used tires.   Among other things, it requires tire vendors to accept customers’ used tires at no extra charge for processing or disposal, prohibits the burning of tires and depositing of tires in landfills except under certain conditions, regulates the storage and recycling of tires, establishes import fees, sets up a fund for handling scrap tires, creates incentives for recycling and developing alternative uses for scrap tires, and imposes penalties for noncompliance with its provisions.   The legislature identified the disposal of tires as a particular problem because of the fire hazard they present, the public health hazard they create from disease-carrying mosquitoes breeding in water that accumulates inside discarded tires and the large amount of space they occupy, diminishing the useful life of landfills.

Used Tire International, Inc. (“UTI”) is an importer of used tires into Puerto Rico. It brought this action for declaratory and injunctive relief against appellant Manuel DíazSaldaña as Secretary of the Treasury to bar enforcement of certain provisions of Law 171.   Those provisions are:  Article 5(B) which prohibits the import of tires that do not have a minimum tread depth of 3/32”;  Article 5(D) which requires tire importers to file a bond in an amount equivalent to the cost of handling and disposing of the imported product and provides for execution of the bond in the event that 10% of a representative sample of a shipment does not qualify;  Article 6 which imposes a charge on all imported tires;  Article 17(A)(1) which provides for distributions from a tire handling fund, created from the charge imposed on importers of tires, to recyclers, processors and exporters of tires;  and Article 19(A) which imposes a $10.00 fine on persons selling or importing tires that do not have a minimum tread depth of 3/32.”   Following a hearing on UTI’s request for a preliminary injunction at which both sides presented testimony, the district court issued an opinion and order, granting the injunction against enforcement of Articles 5(B), 5(D) and 19(A) and denying it with respect to Articles 6 and 17(A)(1).   Puerto Rico appealed the order and UTI cross-appealed.   The parties have stipulated that we may treat Puerto Rico’s appeal as being from a final adjudication of the invalidity of Articles 5(B), 5(D) and 19(A).   We have jurisdiction under 28 U.S.C. §§ 1331 and 1292(a)(1).

PUERTO RICO’S APPEAL

The district court concluded that Articles 5(B) and 19(A) facially discriminate against interstate commerce by banning the importation of a class of tires that may be legally sold and used in Puerto Rico. In reaching that conclusion it rejected the Secretary’s argument that Law 171 is non-discriminatory because the 3/32” requirement applies equally to importers and sellers of used tires.   The argument was premised on the first sentence of Article 19(A) which states:

Every person who sells or imports tires ․ that do not have a minimum depth of 3/32” ․ shall pay a fine of $10.00 per tire.

The court rejected this interpretation of the statute as implausible on the strength of the second sentence of Article 19(A) which states:

This provision shall apply to those who fail to comply but have not had their bond executed, according to what is pointed out in Article 5(D) [which requires all tire importers to post a bond].

It read that provision as making the penalty applicable only to those who have filed bonds, i.e., importers of used tires.

We agree with the district court’s interpretation.   The reference to “those ․ who have not had their bond executed” and the cross-reference to Article 5(D) dealing with importers of used tires makes it clear that only those sellers of used tires who are also importers are the subject of Article 19(A).   Moreover, as UTI points out, it would make little sense for the legislature to penalize sellers of noncomplying used tires taken in trade-in (i.e., locally-generated used tires) for to do so would simply accelerate the time when used tires are discarded as scrap and dumped in a landfill.   On appeal, the Secretary merely reiterates that the penalty applies equally to sellers and to importers but has offered “only rhetoric, and not explanation.”   See Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334, 343, 112 S.Ct. 2009, 119 L.Ed.2d 121 (1992).   We conclude, therefore, that Article 19(A) discriminates against sellers of imported used tires because only they and not sellers of locally-generated used tires are subjected to the penalty and, consequently, that Article 5(B) discriminates against importers of used tires because Law 171 singles them out in barring the import of tires with less than 3/32” tread depth.1

The district court, having concluded that Articles 5(B) and 19(A) are invalid, did not reach the bonding requirement under Article 5(D).   That article provides that “[e]very tire importer shall file ․ a bond ․ equivalent to the total cost of the handling and disposal of the imported product.   Should more than 10% of a representative sample of a shipment of imported tires fail[ ] to meet [the 3/32” standard] ․ the totality of the bond shall be executed.”   Plainly the bonding requirement imposes burdens, costs and risks on importers of used tires not borne by sellers of locally-generated used tires and thus provides added support for the conclusion that Articles 5(B), 5(D) and 19(A) together facially discriminate against interstate commerce.

The inexorable increase in the volume of solid wastes and the health and environmental consequences attendant on their disposal present legislatures and courts with vexing problems.   See Philadelphia v. New Jersey, 437 U.S. 617, 630, 98 S.Ct. 2531, 57 L.Ed.2d 475 (1978) (Rehnquist, J., dissenting).   We may assume that Puerto Rico’s purpose in enacting Law 171 was to serve the best interests of all its citizens.   But no matter how laudatory its purpose, “it may not be accomplished by discriminating against articles of commerce coming from outside the [Commonwealth] unless there is some reason, apart from their origin, to treat them differently.”   Id. at 626-27, 98 S.Ct. 2531.2  In Philadelphia, the Supreme Court struck down a New Jersey statute that prohibited the importation of waste originating out of state.   The crucial question, the Court said, was whether the statute was “basically a protectionist measure, or whether it can fairly be viewed as a law directed to legitimate local concerns, with effects upon interstate commerce that are only incidental.”   Id. at 624, 98 S.Ct. 2531.   To answer that question, the Court saw no need to resolve the dispute between the parties whether the purpose was to serve parochial economic interests or to save the environment for “the evil of protectionism can reside in legislative means as well as legislative ends.”   Id. at 626, 98 S.Ct. 2531.   New Jersey’s law, it held, fell within the area that the Commerce Clause puts off limits to state regulation because it “imposes on out-of-state commercial interests the full burden of conserving the State’s remaining landfill space.”   Id. at 628, 98 S.Ct. 2531.

Puerto Rico’s legislation barring the importation of certain used tires is essentially indistinguishable from New Jersey’s.3  It, too, places the burden of conserving its landfill space on those engaged in interstate commerce, the importers of used tires.   And it is essentially indistinguishable from the Alabama statute imposing an additional disposal fee on wastes generated outside the state, struck down in Chemical Waste.   See also Fort Gratiot Sanitary Landfill, Inc. v. Michigan Dept. of Natural Resources, 504 U.S. 353, 112 S.Ct. 2019, 119 L.Ed.2d 139 (1992) (striking down statute barring disposal of solid waste generated in another county);  Trailer Marine Transport Corp. v. Rivera Vazquez, 977 F.2d 1, 10 (1st Cir.1992).   The costs associated with the required bond and the penalty upon the sale of noncomplying imported tires, moreover, resemble a tariff on goods that may be lawfully sold in the state because they are imported from another state, “[t]he paradigmatic example of a law discriminating against interstate commerce.”  West Lynn Creamery, Inc. v. Healy, 512 U.S. 186, 193, 114 S.Ct. 2205, 129 L.Ed.2d 157 (1994).   Because the Secretary has failed to come forward with a showing that Articles 5(B), 5(D) and 19(A) advance a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives, see New Energy Co. v. Limbach, 486 U.S. 269, 278, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988), they cannot withstand scrutiny under the Commerce Clause.4

UTI’S CROSS-APPEAL

UTI cross-appeals from the district court’s denial of injunctive relief against enforcement of Articles 6 and 17.   We review the denial of a preliminary injunction for abuse of discretion.   See Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 102 F.3d 12, 16 (1st Cir.1996).   The appealing party “bears the considerable burden of demonstrating that the District Court flouted” the four-part test for preliminary injunctive relief.   E.E.O.C. v. Astra USA, Inc., 94 F.3d 738, 743 (1st Cir.1996).   That test requires plaintiff to show probability of success on the merits as well as irreparable injury, the balance of harm tipping in plaintiff’s favor, and absence of adverse effect on the public interest.   See, e.g., Starlight Sugar, Inc. v. Soto, 114 F.3d 330, 331 (1st Cir.1997).

Article 6 imposes a charge on each imported tire, whether new or used, varying with the dimension of the wheel rim.   The revenue received from this charge is placed in an Adequate Disposal Tire Handling Fund, created under Article 17, to subsidize the cost of processing and recycling used tires.   The district court held that Article 6 does not discriminate against interstate commerce because the charge is imposed on all tires entering Puerto Rico, no tires being manufactured in Puerto Rico. See Exxon Corp. v. Governor of Maryland, 437 U.S. 117, 125, 98 S.Ct. 2207, 57 L.Ed.2d 91 (1978).   UTI argues that the charge discriminates because it is not imposed on locally-generated tires.   Those tires, of course, pay the charge when they enter Puerto Rico as new tires.   The district court found that those tires nevertheless enjoy an economic advantage because the charge is not passed on in the price of locally-generated used tires.   Whatever the basis for that finding, we find nothing discriminatory in a one-time charge imposed on the importation of every tire, new or used.   The only used tires that may enjoy an advantage are those that were imported new or used before Law 171 became effective (some of which were presumably imported by UTI).   But their advantage is temporary and is the result, not of discrimination, but, rather, of the inevitable phasing in of the new law.   Because we find that Article 6 “regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental,” Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970), we affirm the district court’s ruling denying injunctive relief.

Article 17(A)(1) provides for the distribution out of the Adequate Disposal Tire Handling Fund of the revenue derived from the import charge.   Out of the revenue collected, handlers of tires to be processed or recycled in Puerto Rico are to receive a maximum of 91% of the handling and disposal fee and exporters up to 46%.   UTI contends that this provision facially discriminates against tire exporters.   The district court found, and it is not disputed, that UTI is not a scrap tire exporter and thus not hurt by the law.   Accordingly, it lacks standing to attack this article.   See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

UTI seeks to avoid its disability by arguing that Article 17 together with Article 6 create a tax-subsidy program similar to that found to be invalid in West Lynn Creamery, Inc. v. Healy, 512 U.S. 186, 114 S.Ct. 2205, 129 L.Ed.2d 157 (1994).  West Lynn struck down a Massachusetts milk pricing order which imposed an assessment on all milk sold by dealers in Massachusetts, two-thirds of which came from out of state, and then distributed all of it to Massachusetts dairy farmers.   Even though the assessment and the subsidy, separately, could be lawfully enacted, together they constituted a scheme under which out-of-state producers were required to subsidize competition by local high cost dairy farmers, neutralizing advantages possessed by lower cost out-of-state producers.   Id. at 194, 114 S.Ct. 2205.   The Puerto Rico import charge is distinguishable because it does not subsidize local dealers at the expense of those engaged in interstate commerce.5

CONCLUSION

We therefore AFFIRM the district court’s order respecting injunctive relief.

FOOTNOTES

1.  Because no new tires are manufactured in Puerto Rico, all new tires are imported along with used tires.   New tires in due course enter the local trade as locally-generated used tires when they are taken in trade-in or bought for resale by local tire dealers.   At that point, they compete with imported used tires.

2.  “Puerto Rico is subject to the constraints of the dormant Commerce Clause doctrine in the same fashion as the states.”  Trailer Marine Transport Corp. v. Rivera Vázquez, 977 F.2d 1, 7 (1st Cir.1992).

3.  The Secretary urges us to apply the balancing analysis explicated in Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970).   That analysis-weighing burdens against benefits-is inapposite, however, because this is not a law that “regulates evenhandedly to effectuate a legitimate local public interest” whose “effects on interstate commerce are only incidental.”   Id. at 142, 90 S.Ct. 844.   While we do not doubt the benefits to Puerto Rico’s citizens from extending the useful life of their landfills, the Philadelphia line of cases teaches that the Commerce Clause does not permit those benefits to be achieved at the expense of interstate commerce through discriminatory legislative means.

4.  Severability is not an issue.   Article 22 states:  “The provisions of this Act are independent from one another, and should any of its provisions be declared unconstitutional ․ the decision ․ shall not affect or invalidate any of the remaining provisions, unless the Court’s decision so state[s] expressly.”

5.  The foregoing discussion sufficiently disposes of UTI’s claim that Articles 6 and 17 violate the due process and equal protection clauses.

SCHWARZER, Senior District Judge.

Tire Irony-Used Tires In 2016 Sell In record Numbers!

Used Tires News-Deerfield Beach,Fl-The sales of Used Tires In the USA and from the USA topped all time highs in  2016.Used Tire sellers in America have sold over 45 Milion Used Tires in 2016.A number even shocking to the new tire industry.Used tire sellers reported the figures to The National Asociation of Used Tire Dealers this week.Sales were not just up in the Us but,also in Japan , South Korea and France, Germany,Netherlands, Austria, Switzerland and Spain.The economic conditions world wide have pushed used tire sales through the roof.

American used tires sold over 30 million units retail in the US others were sold as exports.The fastest growing sector in used tire retailing is again in online used tire sales.Brick and mortar sed tire shops and flat fix stores also saw brisk increases in sales.Online sellers are using theri own websites,Ebay and Amazon as well as facebook to sell used tires.

The US is also an importer of used tires for both domestic use as there are sizes we need not available in the US tire recyling system.The Us imports more from Germany than any other country with Japan, Spain,France and Korea not far behind.An estimated ten million used tires were imported to the US last year.

 

 

Happy and Healthy New Year from www.UsedTires.com

Jersey Proposed Used Tire Law Bad For Florida Used Tire Dealers

img_0644
Usedtires.com-Used Tire News-Deerfield Beach,Fl-Deerfield-News.com-Deerfield Beach,Fl-This morning I awoke to an Email from Modern Tire Dealer ,a tire industry trade publication about a New Jersey law being proposed at the behest of The Rubber Manufacturers Association .Their past lobbying and it appears current “lobbying” appears to be a pay for play situation where they write the law with government officials worldwide.
Who is the RMA they are Goodyear,Bridgestone Firestone, Michelin, Pirelli North America etc. The RMA has only one interest to damage and hinder used tire sales.The phenomennon of used tire restrictions and import bans started in the eighties and nineties.The new tire industry saw an increase in the exportation of used tires and they systematically waged a campaign country by country in Central and South America to eliminate the sales of used tires by restrictions.Now the RMA is going state by state to try the same nonsense which will effect Florida used tire sellers who sell online,today being Cyber Monday it is important to bring sunshine to these anti free commerce, anti trust violating laws.
There are dozens of used tire dealers selling from Florida via ecommerce,direct online sales and some of those used tires are being sold in New Jersey. Used tires are not dangerous if properly inspected and installed.A tire simply is not bad ,because it is used or was taken off of a vehicle, Reuse is Recycling .Safe used tires are a viable alternative for a sector of the tire buying public.A consumer should not be penalized because they can not afford a new tire when a perfectly safe used tire is available,the used tire they want to purchase is safer than the bald worn out old tire they need to discard and are driving on,is what is dangerous.
Educate not legislate that is what used tire consumers and sellers need.

The following is reprinted from MODERN TIRE DEALER.

New Jersey Assembly Helps Define Unsafe Used Tires
Facebook Twitter Google+ Mail Posted on November 22, 2016
The New Jersey Assembly has left no doubt as to its view on unsafe used tires. By a vote of 72-0 on Nov. 21, it unanimously passed legislation to prohibit the sale of unsafe used tires that pose a risk to New Jersey motorists and the public.

The bill, A 3896, would impose a $500 fine for a first offense on any business that sells a tire that exhibits any one of several unsafe conditions such as worn-out tread, visible damage, or improper repairs. Subsequent violations may be enforced under the state’s Consumer Fraud Act.

The bill was introduced by Assemblywoman Shavonda E. Sumter (D-Paterson). It must now pass through the Senate to become law.

The bill is supported by the Rubber Manufacturers Association (RMA), the Tire Industry Association and the New Jersey Gas Station-C-Store-Automotive Association.

The National Highway Safety Administration says that worn-out tires are three times more likely to be involved in a crash than tires with sufficient tread depth. NHTSA crash statistics indicate that about 200 fatalities and 6,000 injuries are attributed to tire-related causes annually.

RMA research shows that more than 30 million used tires are available for sale nationally each year.

According to the RMA, the legislation does not ban all used tire sales. It targets used tires that have specific, well-established, unsafe conditions.

“This is a common-sense, pro-safety, pro-consumer bill,” said Anne Forristall Luke, RMA CEO and president. “Preventing these unsafe used tires from operating on New Jersey roads will reduce the risk of crashes and save lives. It’s that simple.”

Tires worn to 1/16th of an inch are considered worn-out and are dangerous because they no longer provide sufficient grip on the road, particularly under wet conditions. Tires with damage exposing steel belts or other internal components threaten a tire’s structural integrity. Improperly repaired tires can suffer loss of inflation pressure or have hidden damage that may contribute to tire failure. Tires with bulges indicate possible internal damage that can lead to tread separation.

“We are grateful to Assemblywoman Sumter for her commitment and hard work to pass this legislation to improve motorist and highway safety,” says Luke. “We also wish to thank Chairman Paul Moriarity (D-Turnersville) for his leadership in passing the bill in the Assembly Consumer Affairs Committee.

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Third Quarter Used Tires Sales Set Record

img_5076img_0644 Usedtires.com- Used Tire News Deerfield Beach Fl- The Third quarter used tires sold number is another record breaker topping 35 million used tires sold. This is a combination of used tires exported sold retail at used tire shops and internet sales.Again the fastest rising sector is the online direct to consumer used tires being sold.Used tires dealers have found a niche market through Amazon.com and ebay as well as used tire dealers own websites.Used tire exports and used tires wholesale b2b is the largest sector of the used tire industry accounting for over 80 percent of the totalusec tire msrket in and from US.

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