1 2 3 4 DEVELOPMENT OF PERFORMANCE STANDARDS FOR GRADING SEO. 5. In order that the consumer may make an in4 formed choice in the purchase of motor vehicle tires, the 5 Secretary is authorized and directed to develop a uniform 6 grading system for motor vehicle tires. The Secretary shall 7 make recommendations to the Congress with respect to the 8 implementation of such a uniform grading system by Janu9 ary 31, 1971. 10 11 PROHIBITED ACTS Sne. 6. The following acts and the causing thereof are 12 prohibited: 13 (a) the manufacture for sale, the sale, or the offering 14 for sale, in interstate commerce, or the importation into the 15 United States, or the introduction, delivery for introduction, 16 or transportation, in interstate commerce, or for the purpose 17 of sale, or delivery after sale, in interstate commerce, of any 18 motor vehicle tire manufactured on or after the date this 19 section takes effect unless in compliance with the standards 20 prescribed by the Secretary pursuant to sections 3 and 4 of 21 this Act; 222 22 (b) the sale, or the offering for sale, in interstate com 23 meree, or the importation into the United States, or the in24 troduction, delivery for introduction, or transportation, in 25 interstate commerce, or for the purpose of sale, or delivery 1 after sale, in interstate commerce, of any new motor vehicle 2 equipped with tires not in compliance with the standards 3 established by the Secretary pursuant to section 4(b) of this 4 Aet; 5 fe) the failure to permit entry or inspection as author6ized by section 10 of this Aet. 8 SEO. 7. (a) Any motor vehicle tire that has been manu9 factured or introduced into commerce in violation of section 10 6(a) of this Act shall be liable to be proceeded against while 11 in interstate commerce or at any time thereafter, on libel of 12 information and condemned in any district court in the 13 United States within the jurisdiction of which the tire is 14 found: Provided, That this section shall not apply to a tire 15 intended for export to any foreign country if it is labeled 16 on the outside of the shipping package to show that it is 17 intended for export, and is so exported. 18 (b) Such tire shall be liable to seizure by process pursu19 ant to the libel, and the procedure in eases under this section 20 shall conform, as nearly as may be, to the procedure in 21 admiralty; except that on demand of either party any issue 22 of fact joined in any such ease shall be tried by jury. When 23 libel for condemnation proceedings under this section, involv 24 ing the same claimant, are pending in two or more jurisdie25 tions, such pending proceedings, upon application of the 6 1 United States or the claimant seasonably made to the court 2 of one such jurisdiction, shall be consolidated for trial by 3 order of such court, and tried in (1) any district selected by 4 the applicant where one of such proceedings is pending; or 5 (2) a district agreed upon by stipulation between the 6 parties. If no order for consolidation is so made within a 7 reasonable time, the United States or the claimant may apply 8 to the court of one such jurisdiction, and such court fafter 9 giving the other party, the claimant, or the United States 10 attorney for such district, reasonable notice and opportunity 11 to be heard) shall by order, unless good cause to the contrary 12 is shown, specify a district of reasonable proximity to the 13 claimant's principal place of business, in which all such pend14 ing proceedings shall be consolidated for trial and tried. 15 Such order of consolidation shall not apply so as to require 16 the removal of any case the date for trial of which has been 17 fixed. The court granting such order shall give prompt 18 notification thereof to the other courts having jurisdiction of 19 the case covered thereby. 20 fet Any tire condemned under this section shall, after 21 entry of the deeree, be disposed of by destruction or sale as 22 the court may, in accordance with the provisions of this 23 section, direct and the proceeds thereof, if sold, less the legal 24 costs and charges, shall be paid into the Treasury of the 7 1 United States; but such tire shall not be sold under such 2 deeree contrary to the provisions of this Act or the laws of 4 the jurisdiction in which sold: Provided, That, after entry of the deeree and upon the payment of the costs of such 5 proceedings and the execution of a good and sufficient bond 6 conditioned that such tire shall not be sold or disposed of 7 contrary to the provisions of this Act or the laws of any 8 State or territory in which sold, the court may by order 9 direct that such tire be delivered to the owner thereof to 10 be destroyed or brought into compliance with the provisions 11 of this Act under the supervision of an officer or employee 12 duly designated by the Secretary, and the expenses of such 13 supervision shall be paid by the person obtaining release 14 of the tire under bond. 15 (d) When a decree of condemnation is entered against 16 the tire, court costs and fees, and storage and other proper 17 expenses, shall be awarded against the person, if any, inter18 vening as elaimant of the tire. 19 fe) In the ease of removal for trial of any case as 20 provided by subsection (b) of this section (1) the clerk of the court from which removal is made shall promptly transmit to the court in which the ense is to be tried all records in the ease necessary in order that such court may exercise jurisdiction; 1 2 8 (2) the court to which such case is removed shall have the powers and be subject to the duties, for pur poses of such ease, which the court from which removal was made would have had, or to which such court would 3 4 5 6 7 8 have been subject, if such ease had not been removed. SEC. 8. (a) The United States district courts and the United States courts of the territories shall have jurisdiction, 9 for cause shown and subject to the provisions of rule 65 (a) 10 and (b) of the Federal Rules of Civil Procedure, to restrain violations of this Act. 11 12 (b) In any proceeding for criminal contempt for viola13 tion of an injunction or restraining order issued under this 14 section, which violation also constitutes a violation of this 15 Act, trial shall be by the court or, upon demand of the 16 accused, by a jury. Such trial shall be conducted in accord 17 ance with the practice and procedure applicable in the ease 18 of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure. 19 20 21 222 SUBPENAS SEO. 9. In all libel or injunction proceedings for the enforcement, or to restrain violations, of this Act subpenas 23 for witnesses who are required to attend a court of the 24 United States in any district may run into any other district any such proceeding. |