Used Tire News- Tire Recycling- Bicycle Tires


Used Tire News-Deerfield beach,Fl-Usedtires.com- Recycling bicycle tires. F

Used Tire News-Deerfield Beach, Fl-

From weibold.com-

Leading bicycle distributor links up with tube and tyre recycling company in the UK
PARTNERSHIPS

NOVEMBER 13, 2020

Gradeall
The e-magazine Cycle Industry News reports that Madison – one of the UK’s leading bicycle parts and accessories distributors – had linked up with national tube and tyre recycling company Velorim in a bid to offer its retailers a channel to dispose of end-of-life tyres and rubber waste.

The magazine says that with the legislation on scrapping bicycle tyres now caught up with the same rules applicable to car tyres. Velorim set out to assist retailers in disposing of their waste.

Participating bike stores, workshops, hire schemes and cycle refurbishment centres can all now become local collection points. The rubber collected will be reprocessed into new materials, or re-used in other ways, with zero going to landfill and none exported. At present, the majority of the 30,500,000 used tyres and 152,500,000 tubes end up in landfill each year.

Those opting to take part will be asked to collect enough product to fill either a tyre cage (100 x 120 cm), a tyre bag for those with less space, or a tube box (30cm x 40cm x 50cm). Valves must be cut out of tubes prior to shipping. A tyre recycling cage will hold around 180 tyres, a bag around 25 tyres and a carboard box around 160 inner tubes.

For shops and workshops involved in the scheme there is an initial set up fee of £65 for tyre cages and £10 for tyre bags or inner tube boxes. Thereafter there are collection fees for the tyres and inner tubes to be recycled, which are as follows:

£90 per tyre cage collection
£16.50 per tyre bag collection
£20 per tube box collection
According to the magazine, shops needn’t foot the bill entirely though, reminds Velorim, which says that a small levy on customers asking for waste disposal is entirely acceptable.

Russ Taylor about Velorim | Video by Aston University.

“You can charge consumers an amount, for example: 50p per tyre and 20p per inner tube to recycle these with your businesses, or you can encourage consumers to buy a new tyre or inner tube in store and include the costs of recycling as part of the purchase,” says the firm.

Shops are able to request point of sale and merchandising materials ranging A5 information leaflets, an eco-banner, an A4 Strut Card or a dump bin for the tyres to be collected in for instore.

Unfortunately tubes that carry sealant or have multiple repair patches adorned can not be recycled.

Velorim notes that collections can be arranged by email at [email protected]. Dealers can find a view and download a full list of FAQs by logging into Madison B2B and here.

Article: courtesy of Cycling Industry News.
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#UsedTireNews

ECO Green Equipment – one of the world’s leaders in end-of-life tire shredding equipment helps Missouri-based trucking company convert old truck tires into rubber mulch.


Used Tire news-Usedtires.com-Deerfield Beach,Fl-From weibold.com-

ECO Green Equipment – one of the world’s leaders in end-of-life tire shredding equipment helps Missouri-based trucking company convert old truck tires into rubber mulch.

ECO Green’s recent press release reports that Prime Inc., a Missouri-based trucking company that had been devoted to retreading their used tires, discovered that 20% of end-of-life tires couldn’t be retreaded, and those tires — all 100,000 per year — were ending its lifecycle at landfills. With the help of ECO Green Equipment, they’re improving the environment by creating environment-friendly valued-added products and making money while doing it.

photo
ECO Green Equipment installed at Prime’s premises | Photo: ECO Green Equipment.

ECO Green Equipment is one of the global leaders in turnkey, cost-effective tire recycling systems and integrated tire shredding equipment. ECO Green says that its modular equipment is designed and engineered to deliver optimum production efficiencies for a broad spectrum of rubber aftermarkets, to include rubber mulch, crumb rubber, rubber powder, tire derived shreds (TDS), and wire-free chips.

Prime Inc. reached out to ECO Green for a solution to their tire waste problem. With the help of ECO Green’s equipment – the manufacturer highlights – Prime now converts dual truck and super single tires into rubber mulch and other value added product that can be sold for use in landscaping, walking trails, athletic surfaces, and playground surfaces.

“This process greatly reduces our waste and gets us to a sustainable place where everyone needs to be,” said Mike Jones of EcoShred, the division of Prime Inc. that is dedicated to recycling the company’s tires. “We can now process 98% of the material that comes through.”

Spanish End of Life Tire Program


Used Tire News-Usedtires.com-Deerfield Beach,Fl-From Weibold-

SIGNUS – SIGNUS has just published its Activity Report for fiscal year 2019, which is available on its website.

SIGNUS – the Spanish end-of-life tire management authority – reports that during 2019 it recycled 188,631 tons of end-of-life tires and converted them into new useful products for different applications. Of the total amount collected, about 12% were used to prepare for reuse (second-use or retreaded tires) and the remaining 88% were recycled in the different tire recycling plants in Spain into products that were destined for different applications. Among the main uses to which the material from end-of-life tires went in 2019, 39,011 tons of recycled tire rubber went for the construction of 390 soccer fields, 21,900 tons for the manufacture of 4,380 playgrounds and 2,940 tons that were used in paving 280 kilometers of roads.

Report by Signus is available for download here.

During the past year and in the same line of action as previous years, SIGNUS carried out various actions related to its commitment to the Circular Economy in collaboration with private companies, universities and technology centers promoting different projects to give value to recycled materials, this being the Entity’s contribution to sustainability and the circular economy in line with the Sustainable Development Goals (SDG). Among the different projects in which the Entity is working, the use of recycled rubber in insulation material in the construction sector, its use for the manufacture of automotive components or its use in infrastructure construction, in addition to its use in combination with ballast on railways to reduce maintenance work.

Also noteworthy is the recent approval of the modification of the regulation of the management of end-of-life tires, published on August 8 in the Official State Gazette, after almost 15 years of validity of the current one, which has addressed the renewal of the legislation that will allow a greater efficiency of the system and improvements in the management of end-of-life tires in Spain.

Press release by Signus.

Used Tire Problems In Puerto Rico


Used Tires.com-Usedtire News-Deerfield Beach, Fl-Used tire issues again arise in Puerto Rico. Members of the House of Representatives have a proposed bill that would regulate the sale of used tires. Used Tire inc has a permanent injunction since 1997 against the interference of the flow and sale of used tires on the island. Stay tuned

USED TIRES AND RECYCLING NEWS


USED TIRE NEWS-Usedtires.com-Deerfield Beach, Fl- Source- WEIBOLD.COM-British branch of Schwalbe Tyres is set to launch an inner tube recycling plan — it will team up with bike shops that will conduct collection of used inner tubes; the collected materials will be returned to Schwalbe to undergo reprocessing.

The company’s plan seeks to help retailers show to their consumers that their businesses are environment-friendly and sustainable. Schwalbe also targets bike riders by asking them to bring used inner tubes to special shops that collaborate with the company.

Schwalbe tubes | Photo: courtesy of Cloud 9 Cycles.

Similar plan has been on in Germany for five years — it involved various tire dealers and proved to be successful. Apart from that, a similar project is run in the Netherlands.

Schwalbe Tyres UK believes that it’s crucial to boost recycling technology as natural resources are exploited and environment deteriorates. According to the company’s estimates, no less than 10 million used inner tubes are discarded into landfills annually, and Schwalbe is determined to take decisive actions.

Article by Road.cc.

WHO ARE THESE CLOWNS AT USTMA AND WHY ARE THEY SCARED OF USED TIRES BEING SOLD?


Used Tire news-For decades under different names and in different countries worldwide the new tire makers association has been spreading half-truths and outright lies about the used tire industry. The new tire makers have not figured out used tires are not going anywhere and we will continue to expand our markets.
Used tire sales are up and on the increase worldwide. Almost all developed countries are generators of used tires. most are also importers and exporters of used tires.
From the US, Canada to Germany, Japan, South Korea, and China as well as almost all of western Europe are exporters of used tires. used tires circle the globe in both export and import markets. even the countries that have bans on them still get them and resell them.

USTMA-

VISION
To be the premier advocate, trusted voice, and thought leader for the U.S. tire manufacturing industry. Advancing safe, sustainable mobility for the future.

OUR PILLARS

Safety
Safety is the tire industry’s top priority. We are committed to making tires that make driving easier, safer, smarter and more sustainable. Tire manufacturers are in constant pursuit of excellence by inventing new ways to design and engineer tires. Tires today are much safer and better performing than the tires from a few decades ago. The most recent government data analysis showed tire-related crashes decreased by over 50% between 2007 and 2010.

Sustainability
From environmental stewardship to workplace safety to corporate social responsibility, USTMA members are committed to continuous improvement. USTMA members have reduced energy use and greenhouse gas emissions and are incorporating sustainable and biogenic materials in tire manufacturing. USTMA is a leader in advocating strong scrap tire laws that have reduced stockpiled tires by 93% nationwide while nearly 90% of scrap tires are consumed in end use markets.

Economy
Tire manufacturing helps keep the American economy moving. U.S. tire makers employ nearly 100,000 people in our country, including factory workers and highly skilled scientists, engineers and others. Tires are always in demand, which makes tire manufacturing the kind of steady, robust industry our communities can count on in this changing economy.

Innovation
Tires are the only part of a car that touches the road and that connection is critically important to keeping the American economy moving and the driving public safe. The tire manufacturing industry has invested billions of dollars in improving tires so they are significantly safer and more sustainable than just a few decades ago – and they’re only getting better.

OUR MEMBERS

LEADERSHIP

ANNE FORRISTALL LUKE
President & CEO
U.S. Tire Manufacturers Association
Bio

STEVE MCCLELLAN
Chairman of U.S. Tire Manufacturers Association;
President, Americas
The Goodyear Tire & Rubber Company
Bio

SEE MORE OF OUR LEADERSHIP

TIRE MAKERS NOT DOING ENOUGH TO RECYCLE SCRAP OR USED TIRES

Used tire news-Deerfield beach, Fl-Contrary to what they want you to believe new tire makers have done little to help recycle scrap and or discarded used tires. The US discards in excess of 300 Million unusable used tires or scrap tires every year. The tire industry which back in the eighties pushed cement companies to upgrade their kilns to allow burning coal with scrap tires and thus saving on the coal. The new tire makers showed cement makers how to profit from “Tipping Fees” for accepting and burning scrap tires. While we have nothing against burning tires for TDF tire-derived fuel, there are certainly other things many of them new tire makers should be doing. Worldwide scrap and used tires can become issues if not attend to properly.

Used Tires-CM Tire Shredders

Used Tire News-Usedtires.com-
CM Shredders Opens New Test Lab and R&D Facility in North America

Sarasota, Florida, USA, – March 7, 2019

New ownership, new products, and new verticals fuel CM Shredders technology and innovations.

CM Shredders, a leading manufacturer of the worlds most advanced industrial shredders and recycling systems, will open its new test lab and R&D demo facility in North America. Located at its headquarters in Sarasota, Florida, the new 4000 ft2 R&D, and demo facility will feature an array of both single shaft and dual shaft shredding systems from the company’s versatile product range.

“The new test lab and R&D facility is an exciting new milestone in our long company history of fueling technology and innovation and the latest step in the process of expanding our business activities beyond our traditional tire shredding and tire recycling equipment,” said Charles Astafan, General Manager at CM Shredders. “We will be able to not only develop and provide new products and processes but also help our customers with a proactive approach when facing the challenges of today’s production environments, whether through test shredding, applications, developing turn-key systems, training support or R&D work. We will work closely and proactively with key suppliers and other industry experts to find solutions that help our customers to improve and optimize their current operations,” said Astafan.

“One of the key focuses of the new CM Test Lab & R&D facility will be application support, especially in areas where tough or exotic materials traditionally create challenges for equipment and operators in size reduction applications. Dedicated application engineers will work with our customers from all industries to solve their very specific issues. It will also give our clients the opportunity to attend hands-on demonstrations to help better understand processes, capabilities and see the quality delivered by CM Shredders systems first hand” Added Martin Berardi, CEO of Bengal Machine.

As of December 28, 2018 CM Shredders was acquired and joined the Bengal Machine family of size reduction companies, which includes its sister company, Schutte Hammermill, a New York-based manufacturer headed up by Christopher Berardi that has developed an extensive line of size reduction equipment that includes hammer mills, lump breakers, crushers and shredders that provide a consistent and exact finished particle size.

“With the acquisition of the CM shredder business and the combination with our Schutte Hammermill product lines, now under the Bengal Machine banner, our company has moved into an ideal position to become the size-reduction equipment supplier for nearly every market need – regardless of the products or materials our customers are working with,” said Christopher Berardi, president and general manager of Schutte Hammermill. “With the stellar reputations and product offerings of both companies the CM purchase and merger represents a strategic opportunity to add significantly to our worldwide installation base and grow our capacity and scale.”

With a combined heritage of over 125 years in business and as leaders in their respective areas of size reduction servicing a wide range of industries and applications. Both CM Shredders and Schutte Hammermill are excited to join forces under the Bengal Machine banner to offer complete, turnkey solutions across all segments of the size reduction market. Through its CM and Schutte brands, Bengal Machine offers a full range of size reduction equipment and systems to fit any application need, all under one roof.

About CM Shredder:
For more than 35 years, CM Shredder has been the recognized leader of recycling equipment solutions. CM Tire Shredders systems process more than half a billion tires each year worldwide, and CM Industrial Shredders leverage that cutting edge, patented technology to create the most durable and effective shredders with a consistent focus on offering its customers the lowest total cost of ownership.
Website www.cmshredders.com

About Schutte Hammermill:
Schutte Hammermill products are known worldwide for their rugged construction, economical price, day-in-day-out dependability and a line of the highest quality, on-demand factory replacement wear parts. Founded in 1928, Schutte Hammermill products are made in the USA, proudly manufactured in Buffalo, New York (USA).
Website www.hammermills.com

You Can Fight City Hall And Big Rubber The New Tire Makers And Win


Used Tire News-Deerfield Beach,Fl-Usedtires.com via Used Tire International was subject to law 171 of 1996 instituted in Puerto Rico regulating the sale of used tires and establishing a scrap tire recycling program. Used Tire international the moment the law took effect sought relief from the federal court.
Used Tire International sought an injunction along with a Temporary Restraining Order barring the government of Puerto Rico from enforcing the challenged portions of the law. The jist of this law was written by new tire makers and their resellers, in Puerto Rico.
This is a long read but worth it if you believe in the constitution.

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.

Used Tires SEO And Domains


February, 7-2019
Used Tire News-Usedtires.com-Deerfield Beach, Fl- Domains and SEO are as important as getting your used tire website updated with HTTPS The more domains related to your keywords the better. Usedtires.com has several linked used tire related domains like www.usedtire.com and www.buyusedtires.com,www.usedmotorcylcletire.com and www.usedtrucktire.com to name a few. Owning keyword generic domains is still key in SEO for your website. Generic keyword domains are still important for your SERP’s. Still many generic keyword domains score better in all of the search engines Google, Bing, Yahoo, and DuckDuckgo.com as well.
As used tire sellers and used tire dealers become more web savvy and drive more sales to the brick and mortar used stores or online sales. Used tires selling online directly to consumers is one of the fastest growing sectors in the used tire industry.

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