Not overnight but it seems like it.The scrap tire disposal and Used Tire industry seem to have a "Buy Out" Hungry group of Heavy Hitters.
The industry which was always fragmented and consisted of hundreds if not thousands of independent tire collectors and processors had it's big players Lakin Tire, Lakin General, Emmanuel Tire, Casings Inc amongst others.
With the rapid expansion by Liberty Tire and the entry of LKQ corp a publicly traded company recently the industry has seen one player Liberty Tire gobble up many, many tire recyclers and tire collectors including some of the aforementioned Big Players forming a network of outlets recycling about one third of Americas scrap tires over 100 Million per year.What will become of the former Big Players are they set to be bought out as well???
What will these takeovers mean in the future to the tire industry as a whole??
Will there be one giant amongst all of the old independents ?
Is this the best thing to keep moving forward with recycling of Americas discarded tires a lot of progress has been made in the last twenty years to rid America of illegal tire dump sites and assure for proper tire disposal.
What will become of tipping fees if anyone company has too much influence?
What will happen to the price of crumb rubber,shredded material and used tires if any one company controls the market??????
PS. Usedtires.com a great piece of intellectual property
A domain with a lot traffic can be yours as well for the right price......;.
Saturday, November 27, 2010
Monday, November 15, 2010
TIRE RECYLCING 101,SCRAP TIRE DISPOSAL
WHAT HAPPENS WHEN THE RUBBER HAS MET THE ROAD???
WHAT happens to your old tires?
Where do they go????
The progress of American Used Tire Dealers recycling your Scrap Tires.
At the end of 2009, the U.S. generated approximately 290 million scrap tires. Historically, these scrap tires took up space in landfills or provided breeding grounds for mosquitoes and rodents when stockpiled or illegally dumped. Fortunately, markets now exist for 80.4% of these scrap tires up from 17% in 1990. These markets, both recycling and beneficial use, continue to grow. The remaining scrap tires are still stockpiled or put in a landfill. However, in 2007 markets for scrap tires were consuming 233 million, or 80.4 %, of the 290 million annually generated scrap tires. Aside from selling Quality Used Tires worldwide, the highest form of Tire Recycling, Usedtires.com processes millions of scrap tires for Tire Derived Fuel.
IN THE USA
* 130 million (44.7%) are used as Tire Derived Fuel.
* 56 million (19.4%) are recycled or used in civil engineering projects.
* About 27 million scrap tires (9.3%) are estimated to be disposed of in landfills or mono-fills.
* 18 million (7.8%) are converted into ground rubber and recycled into products.
* Another 16.5 million scrap (7.7%) tires are retreaded. After any retreading has been performed, 290 million scrap tires are generated.
* 12 million (4.3%) are converted into ground rubber and used in rubber-modified asphalt.
* 9 million (3.1%) are exported as used tires.
* 6.5 million (2.0 %) are recycled into cut/stamped/punched products.
* 3 million (1.7%) are used in agricultural and miscellaneous uses
Many used tires are exported to foreign countries to be reused, or as retreads, especially in countries with growing populations of automobile drivers such as Brazil, Dominican Republic, El Salvador, Honduras, Guatemala, Panama and Mexico. Mexico According to Mexico's National Association of Tire Distributors, as many as 20% of tires sold in Mexico are imported as used tires from the US and then retreaded for reuse. Some foreign countries also import tires to be shredded and used as crumb rubber, or to be used as fuel.
USEDTIRES.COM
RECYCLING SCRAP TIRES
PROCESSORS OF TIRE DERIVED FUEL
USED TIRES FOR SALE
Posted by HOWARDLEVY.COM at 1:43 PM 0 comments
WHAT happens to your old tires?
Where do they go????
The progress of American Used Tire Dealers recycling your Scrap Tires.
At the end of 2009, the U.S. generated approximately 290 million scrap tires. Historically, these scrap tires took up space in landfills or provided breeding grounds for mosquitoes and rodents when stockpiled or illegally dumped. Fortunately, markets now exist for 80.4% of these scrap tires up from 17% in 1990. These markets, both recycling and beneficial use, continue to grow. The remaining scrap tires are still stockpiled or put in a landfill. However, in 2007 markets for scrap tires were consuming 233 million, or 80.4 %, of the 290 million annually generated scrap tires. Aside from selling Quality Used Tires worldwide, the highest form of Tire Recycling, Usedtires.com processes millions of scrap tires for Tire Derived Fuel.
IN THE USA
* 130 million (44.7%) are used as Tire Derived Fuel.
* 56 million (19.4%) are recycled or used in civil engineering projects.
* About 27 million scrap tires (9.3%) are estimated to be disposed of in landfills or mono-fills.
* 18 million (7.8%) are converted into ground rubber and recycled into products.
* Another 16.5 million scrap (7.7%) tires are retreaded. After any retreading has been performed, 290 million scrap tires are generated.
* 12 million (4.3%) are converted into ground rubber and used in rubber-modified asphalt.
* 9 million (3.1%) are exported as used tires.
* 6.5 million (2.0 %) are recycled into cut/stamped/punched products.
* 3 million (1.7%) are used in agricultural and miscellaneous uses
Many used tires are exported to foreign countries to be reused, or as retreads, especially in countries with growing populations of automobile drivers such as Brazil, Dominican Republic, El Salvador, Honduras, Guatemala, Panama and Mexico. Mexico According to Mexico's National Association of Tire Distributors, as many as 20% of tires sold in Mexico are imported as used tires from the US and then retreaded for reuse. Some foreign countries also import tires to be shredded and used as crumb rubber, or to be used as fuel.
USEDTIRES.COM
RECYCLING SCRAP TIRES
PROCESSORS OF TIRE DERIVED FUEL
USED TIRES FOR SALE
Posted by HOWARDLEVY.COM at 1:43 PM 0 comments
Saturday, July 17, 2010
TIRE DUMPER CAUGHT!
The tire industry has made leaps and bounds of progress in the last twenty years to reduce this countries almost 300 million discarded scrap tires every year.People in the industry who do not wish to comply with easily obtainable licensed scrap tire haulers or processors deserve what they get. Reuse, Reduce, Recycle
Task force nabs tire dumpers
Prolific North Side offender convicted, three others indicted in illegal hauling
Saturday, July 17, 2010 02:53 AM
By John Futty
THE COLUMBUS DISPATCH
Illegal scrap-tire dump sites, such as this one on Martha Avenue in Franklinton, are a public-health issue, an official said.
Neal C. Lauron | Dispatch
Illegal scrap-tire dump sites, such as this one on Martha Avenue in Franklinton, are a public-health issue, an official said.
Terry Scott Hess, 48, was sentenced to seven years for dumping of tires and for burglaries at tire stores.
|
Terry Scott Hess, 48, was sentenced to seven years for dumping of tires and for burglaries at tire stores.
Terry Scott Hess boasted to a Franklin County judge last week that he has been in the tire business for 22 years.
There was just one problem with that career: Hess wasn't licensed to haul or dispose of the scrap tires that he dumped throughout the county.
"He's one of the most experienced illegal haulers that we know of," said Assistant County Prosecutor Heather Robinson of the Environmental Crimes Task Force of Central Ohio.
The career will cost Hess, 48, seven years in prison. Common Pleas Judge David W. Fais sentenced him to six years for open dumping and illegal transportation of tires, and one year for burglaries at two tire stores.
Story continues below
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Ohio Dairy Farmers
He was caught hauling or dumping tires fives times, beginning shortly after he was released from prison in September 2008 on a conviction for receiving stolen property. Surveillance cameras twice captured him dumping tires behind an abandoned car dealership on Morse Road.
Hess, of 2149 Aberdeen Ave.on the North Side, isn't alone in the illegal scrap-tire business. Three other central Ohioans were indicted last week on charges of illegal transportation of tires.
They are Terry Hess' brother, Rickey L. Hess, 52, of Utica; Stephen A. Green, 59, of 742 Hines Rd., Gahanna; and Rodney Hall, 54, of 173 E. Hinman Ave. on Columbus' South Side, who told investigators that Terry Hess trained him.
The charges are part of an increased focus by the task force on scrap-tire dumping, Robinson said. Five defendants were convicted of illegal dumping or hauling tires in Franklin County in 2009.
"It's a public-health issue," she said. "Discarded tires are a perfect incubator for mosquitoes."
In Columbus alone, crews cleaned up 621 tons of illegally dumped tires in 2009, said John Remy, spokesman for the Solid Waste Authority of Central Ohio. That equals roughly 62,000 passenger tires, he said.
The cost to taxpayers for the disposal of those tires: about $90,000.
But that was down from disposal fees of $114,700 in 2007 and $105,300 in 2008.
"We believe that by getting these people off the streets, we're cutting into the number of tires being dumped illegally," Remy said.
The authority funds the task force, which was created 16 years ago. In addition to Robinson, it includes two Franklin County deputies and representatives from the Columbus Refuse Division and the Franklin County Health Department.
Disreputable used-tire dealers cut costs by relying on unlicensed haulers to pick up their junk tires, Robinson said. Some of the tires are sold to other used-tire dealers and the rest are dumped illegally.
Rickey Hess has a used-tire shop in Utica, investigators said. He was arrested for making several trips to Columbus to dump his junk tires behind a tire dealership on N. Hamilton Road under the cover of darkness. The task force thinks Rickey Hess dumped 150 to 200 used tires behind the store, hoping its licensed hauler would take them away.
Green was stopped by task-force investigators as he illegally hauled tires on Granville Street in Gahanna.
And deputies said Hall was captured by surveillance cameras as he dumped tires behind an apartment complex on Ferris Road, and was caught by Franklin Township police while illegally hauling tires.
"If we catch them hauling, we prevent the dumping," Robinson said.
She thinks the task force's crackdown is getting the attention of lawbreakers.
"Most of these individuals know each other," she said. "I know they share information about our unit's tactics. When we arrest someone, they'll say, 'I know you caught so-and-so.' They're following our enforcement efforts."
Residents can report illegal dumping 24 hours a day at www.nailadumper.com or by calling 614-871-5322.
jfutty@dispatch.com
Posted by HOWARDLEVY.COM at 8:39 AM
0 comments:
Task force nabs tire dumpers
Prolific North Side offender convicted, three others indicted in illegal hauling
Saturday, July 17, 2010 02:53 AM
By John Futty
THE COLUMBUS DISPATCH
Illegal scrap-tire dump sites, such as this one on Martha Avenue in Franklinton, are a public-health issue, an official said.
Neal C. Lauron | Dispatch
Illegal scrap-tire dump sites, such as this one on Martha Avenue in Franklinton, are a public-health issue, an official said.
Terry Scott Hess, 48, was sentenced to seven years for dumping of tires and for burglaries at tire stores.
|
Terry Scott Hess, 48, was sentenced to seven years for dumping of tires and for burglaries at tire stores.
Terry Scott Hess boasted to a Franklin County judge last week that he has been in the tire business for 22 years.
There was just one problem with that career: Hess wasn't licensed to haul or dispose of the scrap tires that he dumped throughout the county.
"He's one of the most experienced illegal haulers that we know of," said Assistant County Prosecutor Heather Robinson of the Environmental Crimes Task Force of Central Ohio.
The career will cost Hess, 48, seven years in prison. Common Pleas Judge David W. Fais sentenced him to six years for open dumping and illegal transportation of tires, and one year for burglaries at two tire stores.
Story continues below
Advertisement
Ohio Dairy Farmers
He was caught hauling or dumping tires fives times, beginning shortly after he was released from prison in September 2008 on a conviction for receiving stolen property. Surveillance cameras twice captured him dumping tires behind an abandoned car dealership on Morse Road.
Hess, of 2149 Aberdeen Ave.on the North Side, isn't alone in the illegal scrap-tire business. Three other central Ohioans were indicted last week on charges of illegal transportation of tires.
They are Terry Hess' brother, Rickey L. Hess, 52, of Utica; Stephen A. Green, 59, of 742 Hines Rd., Gahanna; and Rodney Hall, 54, of 173 E. Hinman Ave. on Columbus' South Side, who told investigators that Terry Hess trained him.
The charges are part of an increased focus by the task force on scrap-tire dumping, Robinson said. Five defendants were convicted of illegal dumping or hauling tires in Franklin County in 2009.
"It's a public-health issue," she said. "Discarded tires are a perfect incubator for mosquitoes."
In Columbus alone, crews cleaned up 621 tons of illegally dumped tires in 2009, said John Remy, spokesman for the Solid Waste Authority of Central Ohio. That equals roughly 62,000 passenger tires, he said.
The cost to taxpayers for the disposal of those tires: about $90,000.
But that was down from disposal fees of $114,700 in 2007 and $105,300 in 2008.
"We believe that by getting these people off the streets, we're cutting into the number of tires being dumped illegally," Remy said.
The authority funds the task force, which was created 16 years ago. In addition to Robinson, it includes two Franklin County deputies and representatives from the Columbus Refuse Division and the Franklin County Health Department.
Disreputable used-tire dealers cut costs by relying on unlicensed haulers to pick up their junk tires, Robinson said. Some of the tires are sold to other used-tire dealers and the rest are dumped illegally.
Rickey Hess has a used-tire shop in Utica, investigators said. He was arrested for making several trips to Columbus to dump his junk tires behind a tire dealership on N. Hamilton Road under the cover of darkness. The task force thinks Rickey Hess dumped 150 to 200 used tires behind the store, hoping its licensed hauler would take them away.
Green was stopped by task-force investigators as he illegally hauled tires on Granville Street in Gahanna.
And deputies said Hall was captured by surveillance cameras as he dumped tires behind an apartment complex on Ferris Road, and was caught by Franklin Township police while illegally hauling tires.
"If we catch them hauling, we prevent the dumping," Robinson said.
She thinks the task force's crackdown is getting the attention of lawbreakers.
"Most of these individuals know each other," she said. "I know they share information about our unit's tactics. When we arrest someone, they'll say, 'I know you caught so-and-so.' They're following our enforcement efforts."
Residents can report illegal dumping 24 hours a day at www.nailadumper.com or by calling 614-871-5322.
jfutty@dispatch.com
Posted by HOWARDLEVY.COM at 8:39 AM
0 comments:
Monday, June 07, 2010
Modern Tire Dealer Magazine Blogs about Used Tire sales
June 04, 2010
Used tires are not abused tires
By: Bob Ulrich Modern Tire Dealer
When I hear the phrase "used tires," I always think of affordable alternatives to new tires. I never think "scrap tires," which, by their very description, are unusable.
I bring up the topic because since the beginning of the year, Tire King, a used-tire dealership based in Akron, Ohio, has been advertising "Good used tires" for $25 each (mounted and balanced) in the Akron Beacon Journal. Sometimes the ads are full-page ads, with type almost as large as a tire.
In business about a year, Tire King also offers new tires, but doesn't stock them. If a customer wants new tires, Kauffman Tire, a local distributor, delivers them.
But make no mistake, from 9 a.m. to 6 p.m. daily, the dealership sells a lot more used than new tires. And they are doing well enough to buy full-page newspaper ads.
From time to time, we hear talk of legislation that attempts to ban the sale of used tires. I think that is rubbish. (Rubbish? Who am I, my grandmother?) Tire dealers are tire experts. They know how to inspect tires and when they are safe enough to sell.
Are properly inspected tires safe? Sure. They certainly are safer than bald tires, and they give low-income families an option.
Remember a few years ago when Bridgestone Americas Tire Operations LLC announced it would stop selling used tires at its 2,200 company owned stores? I'll bet the store managers weren't too happy with that decision.
The Rubber Manufacturers Association, which is made up of nearly all of the tire manufacturers in the United States, isn't against the sale of used tires, although it warns that there is potential risk in purchasing used consumer tires "that have an uncertain or unknown history."
I agree with that. In other words, it's up to the tire dealer to determine the history and condition of the used tire. It puts the responsibility on the tire dealer, where it belongs. Want to sell a used tire? Make sure it is safe.
Even Sean Kane, president of Safety Research and Strategies Inc., is not against selling used tires as long as strict standards are adopted.
Three years ago, I received a letter from a tire dealer who sold used tires and was complaining about some bad press. He had been selling used and new tires for more than 30 years.
"Out of the 600-700 used tires we sell each year, rarely do I get one back because of a failure due to it being used," he wrote. "All the used tires we sell have at least 50% or more tread on them, and are thoroughly inspected for cuts, punctures, improper repairs (plugs), blisters, etc., before they are installed.
"All of our customers trust us and the tires we sell them, new and used."
Check the Internet and you'll see plenty of listings for used tires. Howard Tire Co. sells them in Central Pennsylvania, while Atlanta Used Tires.com sells them in metropolitan Atlanta. Border Tire Inc. in the Rochester, N.Y., area reclaims them from car dealerships and sells them.
Bestusedtires.com asks "Why buy new?" and claims it is the largest online used tire store in the U.S. All-Used-Tires.com sells used auto parts as well as used tires. Used Tires Inc. and its usedtires.com Web site wholesale used tires.
I think you see my point. There are a lot of dealers out there who seem to know what they are doing when it comes to successfully and safety selling used tires. So when the government once again feels the need to legislate, and maybe ban, their sale, I just hope the powers that be ask tire dealers what they think first.
Used tires are not abused tires
By: Bob Ulrich Modern Tire Dealer
When I hear the phrase "used tires," I always think of affordable alternatives to new tires. I never think "scrap tires," which, by their very description, are unusable.
I bring up the topic because since the beginning of the year, Tire King, a used-tire dealership based in Akron, Ohio, has been advertising "Good used tires" for $25 each (mounted and balanced) in the Akron Beacon Journal. Sometimes the ads are full-page ads, with type almost as large as a tire.
In business about a year, Tire King also offers new tires, but doesn't stock them. If a customer wants new tires, Kauffman Tire, a local distributor, delivers them.
But make no mistake, from 9 a.m. to 6 p.m. daily, the dealership sells a lot more used than new tires. And they are doing well enough to buy full-page newspaper ads.
From time to time, we hear talk of legislation that attempts to ban the sale of used tires. I think that is rubbish. (Rubbish? Who am I, my grandmother?) Tire dealers are tire experts. They know how to inspect tires and when they are safe enough to sell.
Are properly inspected tires safe? Sure. They certainly are safer than bald tires, and they give low-income families an option.
Remember a few years ago when Bridgestone Americas Tire Operations LLC announced it would stop selling used tires at its 2,200 company owned stores? I'll bet the store managers weren't too happy with that decision.
The Rubber Manufacturers Association, which is made up of nearly all of the tire manufacturers in the United States, isn't against the sale of used tires, although it warns that there is potential risk in purchasing used consumer tires "that have an uncertain or unknown history."
I agree with that. In other words, it's up to the tire dealer to determine the history and condition of the used tire. It puts the responsibility on the tire dealer, where it belongs. Want to sell a used tire? Make sure it is safe.
Even Sean Kane, president of Safety Research and Strategies Inc., is not against selling used tires as long as strict standards are adopted.
Three years ago, I received a letter from a tire dealer who sold used tires and was complaining about some bad press. He had been selling used and new tires for more than 30 years.
"Out of the 600-700 used tires we sell each year, rarely do I get one back because of a failure due to it being used," he wrote. "All the used tires we sell have at least 50% or more tread on them, and are thoroughly inspected for cuts, punctures, improper repairs (plugs), blisters, etc., before they are installed.
"All of our customers trust us and the tires we sell them, new and used."
Check the Internet and you'll see plenty of listings for used tires. Howard Tire Co. sells them in Central Pennsylvania, while Atlanta Used Tires.com sells them in metropolitan Atlanta. Border Tire Inc. in the Rochester, N.Y., area reclaims them from car dealerships and sells them.
Bestusedtires.com asks "Why buy new?" and claims it is the largest online used tire store in the U.S. All-Used-Tires.com sells used auto parts as well as used tires. Used Tires Inc. and its usedtires.com Web site wholesale used tires.
I think you see my point. There are a lot of dealers out there who seem to know what they are doing when it comes to successfully and safety selling used tires. So when the government once again feels the need to legislate, and maybe ban, their sale, I just hope the powers that be ask tire dealers what they think first.
Thursday, June 03, 2010
GENERIC DOMAIN NAMES AND SEARCH ENGINE MARKETING
GENERIC DOMAINS MAKE A DIFFERENCE!
Understanding Search on the internet and the value of Generic Domains
When a business owns the Generic Keywords in the form of a dot com it can be a Search Engine Driven traffic and Direct Navigation traffic Bonanza.
We at Used Tires Inc.were fortunate enough to buy the Generic Key Words that pertain to our particular segment of the tire industry we operate http://http://www.usedtires.com/and http://http://www.usedtire.com/ and http:// www.usedtrucktire.com amongst other geneic URL's we own and then thru Domain FOWARDING POINT TO OUR OPERATIONAL DOMAINS.Tire Dealers need to understand how people search the internet and how they wind up at your site.The importance of links.... KEYWORDS and "Search EngineOptimization" and "Search Engine Marketing" and why and how people get driven to or click on your website from the landing page on the search engine they used.Direct Navigation which means the user bypasses a search engine and types the name of whatever thing they are searching for Directly into the Browser acoount for 10-20 percent of all searches giving domain owners with generic terms(usually the dotcom version) an extra advantage and usually a piece of intellectual property worth tens of thousands,hundreds of thousands if not more. In our indusry the following are the 15 most searched words or phrases Singular and plural version.according to overture.com1-tire2-discounttire 3-canadiantire 4-wheelsandtire
5 -tirerack 6-tiredealer 7- goodyeartire 8-trucktire
9- coopertire10-usedtire11-motorcycletire12-michelintire
13-cartire14-bigotire15-atvtireI hope in the future you will continue possibly with a series of articles bringing all tires dealers into the internet age and helping all of us maximize the net for our business's.Possibly covering the importance of Unique vistors and Page Views,AS WELL AS FROM WHAT AREA THE SURFERS IP IS FOR IDENTIFYING GEOGRAPHICALLY WHO IS VISITING....AND HOW TO CONVERT THESE METRICS INTO SALES!!!As well as how pay per click advertising (SEARCH ENGINE MARKETING) such as Google Adsense has turned ordinary website owners such as www.usedtire.com and www.usedtires.cominto an advertising billboard on the net........Generating $$$revenue for us in addition to our tire sales and incredible Leads.........
Howard Levy, President Usedtires.com Used Tires Inc.
Understanding Search on the internet and the value of Generic Domains
When a business owns the Generic Keywords in the form of a dot com it can be a Search Engine Driven traffic and Direct Navigation traffic Bonanza.
We at Used Tires Inc.were fortunate enough to buy the Generic Key Words that pertain to our particular segment of the tire industry we operate http://http://www.usedtires.com/and http://http://www.usedtire.com/ and http:// www.usedtrucktire.com amongst other geneic URL's we own and then thru Domain FOWARDING POINT TO OUR OPERATIONAL DOMAINS.Tire Dealers need to understand how people search the internet and how they wind up at your site.The importance of links.... KEYWORDS and "Search EngineOptimization" and "Search Engine Marketing" and why and how people get driven to or click on your website from the landing page on the search engine they used.Direct Navigation which means the user bypasses a search engine and types the name of whatever thing they are searching for Directly into the Browser acoount for 10-20 percent of all searches giving domain owners with generic terms(usually the dotcom version) an extra advantage and usually a piece of intellectual property worth tens of thousands,hundreds of thousands if not more. In our indusry the following are the 15 most searched words or phrases Singular and plural version.according to overture.com1-tire2-discounttire 3-canadiantire 4-wheelsandtire
5 -tirerack 6-tiredealer 7- goodyeartire 8-trucktire
9- coopertire10-usedtire11-motorcycletire12-michelintire
13-cartire14-bigotire15-atvtireI hope in the future you will continue possibly with a series of articles bringing all tires dealers into the internet age and helping all of us maximize the net for our business's.Possibly covering the importance of Unique vistors and Page Views,AS WELL AS FROM WHAT AREA THE SURFERS IP IS FOR IDENTIFYING GEOGRAPHICALLY WHO IS VISITING....AND HOW TO CONVERT THESE METRICS INTO SALES!!!As well as how pay per click advertising (SEARCH ENGINE MARKETING) such as Google Adsense has turned ordinary website owners such as www.usedtire.com and www.usedtires.cominto an advertising billboard on the net........Generating $$$revenue for us in addition to our tire sales and incredible Leads.........
Howard Levy, President Usedtires.com Used Tires Inc.
Wednesday, May 26, 2010
The Constitution Protects sale of Used Tires Bar Mitzvah for Our Permanent Injunction
*
THE CONSTITUTION PROTECTS THE SALE OF USED TIRES
A LEGIMITATE ARTICLE OF COMMERCE PROTECTED BY THE COMMERCE CLAUSE!
AS WE APPROACH THE THIRTEENTH ANNIVERSARY OF WHAT WAS A HAPPY DAY FOR USED TIRE DEALERS,USED TIRE EXPORTERS AND SELLERS OF USED TIRES WHOLESALE THROUGHOUT THE UNITED STATES THE DAY THE FEDERAL COURTS GAVE US A PERMANENT INJUNCTION
WHERE AN ESTIMATED THIRTY MILLION TIRES ARE RESOLD EACH YEAR A MEASURE THAT HAS HELPED IN THE MONUMENTAL TASK OF GETTING THE PROBLEM OF SCRAP TIRES UNDER CONTROL IN AMERICA.I WANT TO THANK MY ATTORNEYS WHO DID A GREAT JOB THE LAWFIRM OF NACHMAN GUILLEMARD.ANDY,JOAN THANKS!
TO MY FAVORITE ATTORNEY HERE AT HOME IN SOUTH FLORIDA, A GREAT TRIAL LAWYER WHO HAS NEVER LET ME DOWN AND WAS GUIDING US AS WELL THROUGHOUT THIS CONSTITUTIONAL CHALLENGE WAYNE, THANKS, VISIT HIS SIGHT IF YOU NEED HELP AND ARE HERE HTTP://WWW.KOPPELANDBATES.COM/
FROM A RECENT WORLD TRADE ORGANIZATION DECISION THAT BRAZIL VIOLATED GATT AND OTHER INTERNATIONAL TRADE AGREEMENTS.THE WTO FOUND PRETTY MUCH THE SAME LEGAL CONCLUSION AS IT WOULD APPLY TO THE US CONSTITUTION THAT ONLY ATTACKING USED TIRES IMPORTED FROM SOMEWHERE ELSE ,BUT NEVER BANNING THE USE OR SALE FROM WITHIN.
TO THE GOVERNMENT OF PUERTO RICO TRYING TO BAN THE IMPORTATION OF USED TIRES MORE THAN A DECADE AGO WHILE INVENTING FALSE CLAIMS ABOUT USED TIRES BEING IMPORTED INTO THE ISLAND WHILE NOT BANNING THE USE,OR SALE OF USED TIRES FROM WITHIN THE ISLAND.THIS USEDTIRE DEALER HAS SPENT MANY A DAY VISITING THE BEAUTIFUL ISLAND UNFORTUNATELY TO SEE MY LAWYERS AND VARIOUS LEGISLATORS FROM PUERTO RICO, WORKING WITH ASONAGO
( ITS INITIALS IN SPANISH) FOR THE TIRE DEALERS ASSOCIATION OF PUERTO RICO WHICH WE WERE INSTRUMENTAL IN FOUNDING ALONG WITH SR.J PEREZ A DEDICATED TIRE DEALER!
USEDTIRES.COM HAS BEEN LEADING THE FIGHT ALONG WITH OTHER USEDTIRE WHOLESALERS.
USEDTIRES.COM THE INTERNETS LEADER IN USEDTIRES WHOLESALE AND EXPORT AND ITS OWNER HOWARD LEVY OF HOWARDLEVY.COM HAVE BEEN A THORN IN THE SIDE OF THE MAJOR TIRE MANUFACTURERS PARTICULARLY GOODYEAR,BRIDGESTONE, FIRESTONE AND MICHELIN .IT APPEARS ODDLY ENOUGH THEY SEEM TO BE BEHIND THESE PROJECTS
.
BELOW IS THE US FIRST CIRCUIT COURT OF APPEALS OPINION.
ENJOINING THE GOVERNMENT OF PUERTO RICO FROM INTERFERING WITH THE UNFETTERED FLOW OF IMPORTED/EXPORTED USEDTIRES,GOMASUSADAS INTO THE US TERRITORY.
THE COURT GRANTED A PERMANENT INJUNCTION !
United States Court of Appeals
For the First Circuit
____________________
No. 97-2347
USED TIRE INTERNATIONAL, INC.,
Plaintiff, Appellant,
v.
MANUEL DIAZ-SALDAÑA,
Defendant, Appellee.
____________________
No. 97-2348
USED TIRE INTERNATIONAL, INC.,
Plaintiff, Appellee,
v.
MANUEL DIAZ-SALDAÑA,
Defendant, Appellant.
____________________
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
____________________
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.
____________________
September 11, 1998
____________________
SCHWARZER, Senior District Judge. 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 Díaz- Saldaña 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 (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 (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.(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. 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. 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.
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 (1992) (striking down statute barring disposal of solid waste generated in another county); Trailer Marine Transp. Corp. v. Rivera Vázquez, 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 (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 (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 (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, 397 U.S. 137, 142 (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 (1994).
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 (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. 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
--------------------------------------------------------------------------------
*. Of the Northern District of California, sitting by designation.
--------------------------------------------------------------------------------
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, 397 U.S. 137, 142 (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. 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.
May 13 at 7:51am · Delete Post
Reply
THE CONSTITUTION PROTECTS THE SALE OF USED TIRES
A LEGIMITATE ARTICLE OF COMMERCE PROTECTED BY THE COMMERCE CLAUSE!
AS WE APPROACH THE THIRTEENTH ANNIVERSARY OF WHAT WAS A HAPPY DAY FOR USED TIRE DEALERS,USED TIRE EXPORTERS AND SELLERS OF USED TIRES WHOLESALE THROUGHOUT THE UNITED STATES THE DAY THE FEDERAL COURTS GAVE US A PERMANENT INJUNCTION
WHERE AN ESTIMATED THIRTY MILLION TIRES ARE RESOLD EACH YEAR A MEASURE THAT HAS HELPED IN THE MONUMENTAL TASK OF GETTING THE PROBLEM OF SCRAP TIRES UNDER CONTROL IN AMERICA.I WANT TO THANK MY ATTORNEYS WHO DID A GREAT JOB THE LAWFIRM OF NACHMAN GUILLEMARD.ANDY,JOAN THANKS!
TO MY FAVORITE ATTORNEY HERE AT HOME IN SOUTH FLORIDA, A GREAT TRIAL LAWYER WHO HAS NEVER LET ME DOWN AND WAS GUIDING US AS WELL THROUGHOUT THIS CONSTITUTIONAL CHALLENGE WAYNE, THANKS, VISIT HIS SIGHT IF YOU NEED HELP AND ARE HERE HTTP://WWW.KOPPELANDBATES.COM/
FROM A RECENT WORLD TRADE ORGANIZATION DECISION THAT BRAZIL VIOLATED GATT AND OTHER INTERNATIONAL TRADE AGREEMENTS.THE WTO FOUND PRETTY MUCH THE SAME LEGAL CONCLUSION AS IT WOULD APPLY TO THE US CONSTITUTION THAT ONLY ATTACKING USED TIRES IMPORTED FROM SOMEWHERE ELSE ,BUT NEVER BANNING THE USE OR SALE FROM WITHIN.
TO THE GOVERNMENT OF PUERTO RICO TRYING TO BAN THE IMPORTATION OF USED TIRES MORE THAN A DECADE AGO WHILE INVENTING FALSE CLAIMS ABOUT USED TIRES BEING IMPORTED INTO THE ISLAND WHILE NOT BANNING THE USE,OR SALE OF USED TIRES FROM WITHIN THE ISLAND.THIS USEDTIRE DEALER HAS SPENT MANY A DAY VISITING THE BEAUTIFUL ISLAND UNFORTUNATELY TO SEE MY LAWYERS AND VARIOUS LEGISLATORS FROM PUERTO RICO, WORKING WITH ASONAGO
( ITS INITIALS IN SPANISH) FOR THE TIRE DEALERS ASSOCIATION OF PUERTO RICO WHICH WE WERE INSTRUMENTAL IN FOUNDING ALONG WITH SR.J PEREZ A DEDICATED TIRE DEALER!
USEDTIRES.COM HAS BEEN LEADING THE FIGHT ALONG WITH OTHER USEDTIRE WHOLESALERS.
USEDTIRES.COM THE INTERNETS LEADER IN USEDTIRES WHOLESALE AND EXPORT AND ITS OWNER HOWARD LEVY OF HOWARDLEVY.COM HAVE BEEN A THORN IN THE SIDE OF THE MAJOR TIRE MANUFACTURERS PARTICULARLY GOODYEAR,BRIDGESTONE, FIRESTONE AND MICHELIN .IT APPEARS ODDLY ENOUGH THEY SEEM TO BE BEHIND THESE PROJECTS
.
BELOW IS THE US FIRST CIRCUIT COURT OF APPEALS OPINION.
ENJOINING THE GOVERNMENT OF PUERTO RICO FROM INTERFERING WITH THE UNFETTERED FLOW OF IMPORTED/EXPORTED USEDTIRES,GOMASUSADAS INTO THE US TERRITORY.
THE COURT GRANTED A PERMANENT INJUNCTION !
United States Court of Appeals
For the First Circuit
____________________
No. 97-2347
USED TIRE INTERNATIONAL, INC.,
Plaintiff, Appellant,
v.
MANUEL DIAZ-SALDAÑA,
Defendant, Appellee.
____________________
No. 97-2348
USED TIRE INTERNATIONAL, INC.,
Plaintiff, Appellee,
v.
MANUEL DIAZ-SALDAÑA,
Defendant, Appellant.
____________________
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Pérez-Giménez, U.S. District Judge]
____________________
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.
____________________
September 11, 1998
____________________
SCHWARZER, Senior District Judge. 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 Díaz- Saldaña 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 (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 (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.(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. 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. 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.
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 (1992) (striking down statute barring disposal of solid waste generated in another county); Trailer Marine Transp. Corp. v. Rivera Vázquez, 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 (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 (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 (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, 397 U.S. 137, 142 (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 (1994).
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 (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. 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
--------------------------------------------------------------------------------
*. Of the Northern District of California, sitting by designation.
--------------------------------------------------------------------------------
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, 397 U.S. 137, 142 (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. 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.
May 13 at 7:51am · Delete Post
Reply
Wednesday, May 19, 2010
BRING BACK THE DEUTSCH MARK GERMANS UNHAPPY WITH PAYING FOR NEIGHBORS EXCESS
SINCE 1992 USEDTIRES.COM HAS EXPORTED FROM GERMANY AND SOME OTHER WESTERN EUROPEAN COUNTRIES QUALITY USED TIRES. WE HAVE FRIENDS IN GERMANY WHO ARE WATCHING THEIR WORST FEARS COME TO FRUITION. THE GIVING UP OF THE DM FOR THE EURO AND PAYING THE CONVERSION PRICE TWICE.
THE GERMAN ECONOMY CANNOT WITHSTAND THE STRAIN THE EURO HAS PLACED ON AN UN UNIFIED EUROPE THESE ARE NOT THE UNITED STATES .
WHAT IS THE EU OTHER THAN A GROUP OF NEIGHBORS WHO SOUGHT TO EASE RESTRICTIONS ON TRAVEL AND UNIFY THEIR CURRENCY .
AS THE WORLD MARKETS HAVE DECLINED AND THE US FACED RECESION AND THE BRINK OF THE HOUSING BUBBLE COLLAPSE AFTER WATCHING AND FINGERPOINTING THE GERMANS THOUGHT THEY WERE IMMUNE BUT NOW THEY WAKE UP AND THE EURO IS FALLING PROBABLY TO A LEVEL WHERE IT SHOULD HAVE BEEN FOR YEARS. THE GERMANS STILL THINK IN DM THEY MAY NOT TELL YOU BUT THE BRINGING BACK OF THE DM IS ON THEIR MINDS A STRONG DOLLAR IS GOOD FOR THE US
USED TIRES FROM GERMANY ARE ON SALE AS IS ANY OTHER COMMODITY WE CAN PURCHASE FOR RESALE FROM EUROPE
SO USEDTIRES.COM CLIENTS NOW IS YOUR CHANCE BUY USED TIRES ON SALE CONTACT DAVID LEVY AT SALES@USEDTIRES.COM
THE GERMAN ECONOMY CANNOT WITHSTAND THE STRAIN THE EURO HAS PLACED ON AN UN UNIFIED EUROPE THESE ARE NOT THE UNITED STATES .
WHAT IS THE EU OTHER THAN A GROUP OF NEIGHBORS WHO SOUGHT TO EASE RESTRICTIONS ON TRAVEL AND UNIFY THEIR CURRENCY .
AS THE WORLD MARKETS HAVE DECLINED AND THE US FACED RECESION AND THE BRINK OF THE HOUSING BUBBLE COLLAPSE AFTER WATCHING AND FINGERPOINTING THE GERMANS THOUGHT THEY WERE IMMUNE BUT NOW THEY WAKE UP AND THE EURO IS FALLING PROBABLY TO A LEVEL WHERE IT SHOULD HAVE BEEN FOR YEARS. THE GERMANS STILL THINK IN DM THEY MAY NOT TELL YOU BUT THE BRINGING BACK OF THE DM IS ON THEIR MINDS A STRONG DOLLAR IS GOOD FOR THE US
USED TIRES FROM GERMANY ARE ON SALE AS IS ANY OTHER COMMODITY WE CAN PURCHASE FOR RESALE FROM EUROPE
SO USEDTIRES.COM CLIENTS NOW IS YOUR CHANCE BUY USED TIRES ON SALE CONTACT DAVID LEVY AT SALES@USEDTIRES.COM
Saturday, April 10, 2010
GOOD BY TO AN OLD FRIEND AND THE BEST LAWYER A KID COULD HAVE HAD DANIEL SCOTT SIMONS
Saturday, April 10, 2010
GOOD BY TO AN OLD FRIEND AND THE BEST LAWYER A KID COULD HAVE HAD DANIEL SCOTT SIMONS
THIS WEEK I LEARNED OF THE LOSS OF MY OLD FRIEND DANIEL SCOTT SIMONS
WHEN I WAS A 22 YEAR OLD KID I WAS HIT BY A DRUNK DRIVER AND SEVERLY INJURED.
I WAS FORTUNATE ENOUGH TO EVENTUALLY GET TO THE LAW FIRM OF SIMONS SIMONS AND TOBIN
FROM THE DAY I MET DANNY I KNEW HE WAS SPECIAL.
A TRUE ADVOCATE GREAT SENSE OF HUMOR AN INTELLECTUAL
A REAL FIGHTER FOR HIS CLIENTS AND FOR HIS LIFE
FIGHTING LEUKEMIA FOR OVER TWENTY THREE YEARS
MY DEEPEST CONDOLENCES TO THE SIMONS FAMILY
A GUY I WILL NEVER FORGET RIP OLD FRIEND.
OHEV SHALOM
Posted by HOWARDLEVY.COM at 8:22 PM
GOOD BY TO AN OLD FRIEND AND THE BEST LAWYER A KID COULD HAVE HAD DANIEL SCOTT SIMONS
THIS WEEK I LEARNED OF THE LOSS OF MY OLD FRIEND DANIEL SCOTT SIMONS
WHEN I WAS A 22 YEAR OLD KID I WAS HIT BY A DRUNK DRIVER AND SEVERLY INJURED.
I WAS FORTUNATE ENOUGH TO EVENTUALLY GET TO THE LAW FIRM OF SIMONS SIMONS AND TOBIN
FROM THE DAY I MET DANNY I KNEW HE WAS SPECIAL.
A TRUE ADVOCATE GREAT SENSE OF HUMOR AN INTELLECTUAL
A REAL FIGHTER FOR HIS CLIENTS AND FOR HIS LIFE
FIGHTING LEUKEMIA FOR OVER TWENTY THREE YEARS
MY DEEPEST CONDOLENCES TO THE SIMONS FAMILY
A GUY I WILL NEVER FORGET RIP OLD FRIEND.
OHEV SHALOM
Posted by HOWARDLEVY.COM at 8:22 PM
Friday, April 09, 2010
FLORIDAS PROPOSED TIRE AGEING BILL 501.94 fs
FLORIDAS PROPOSED TIRE AGEING BILL 501.94 fs
Usedtires.com the internets Leader in Used Tires for sale Opposes Bill 501.94FS
As a twenty nine year resident of Florida and a veteran of the tire indusrty for over twenty five years.
I have to express my opinion on the proposed bill Maybe Florida Lawmakers would better serve the motoring public by reinstating auto inspections! I hope all from the Tire Industry as well as Used Tire resellers and Tire Recyclers will be invited to speak at Public hearings
Tires are not wine they do not get better with age, but they are not Milk either and will not spoil on date certain!
To cause a panic in the consumer who will insist on the most recently made Tire which is not always the Safest.
This bill also will potentially set back recent efforts made in the Tire recycling industry as well as it may run afoul of the US Constitutions Dormant Commerce Clause
Tire safety is important! No one wants to sell Dangerous Product but the evidence of tire aging is not concrete there are many factors
Where was the Tire made?
By who was the Tire made?
How was the Tire stored?
Where was the tire stored?
If used where was it in use By who?
Senator Garcia Please consult with all sides on this proposed Bill before Florida enacts a law that it may not need.
Sincerely
Howard Levy
UsedTires.com
Boca Raton
Posted by HOWARDLEVY.COM at 12:57 PM 0 comments
Usedtires.com the internets Leader in Used Tires for sale Opposes Bill 501.94FS
As a twenty nine year resident of Florida and a veteran of the tire indusrty for over twenty five years.
I have to express my opinion on the proposed bill Maybe Florida Lawmakers would better serve the motoring public by reinstating auto inspections! I hope all from the Tire Industry as well as Used Tire resellers and Tire Recyclers will be invited to speak at Public hearings
Tires are not wine they do not get better with age, but they are not Milk either and will not spoil on date certain!
To cause a panic in the consumer who will insist on the most recently made Tire which is not always the Safest.
This bill also will potentially set back recent efforts made in the Tire recycling industry as well as it may run afoul of the US Constitutions Dormant Commerce Clause
Tire safety is important! No one wants to sell Dangerous Product but the evidence of tire aging is not concrete there are many factors
Where was the Tire made?
By who was the Tire made?
How was the Tire stored?
Where was the tire stored?
If used where was it in use By who?
Senator Garcia Please consult with all sides on this proposed Bill before Florida enacts a law that it may not need.
Sincerely
Howard Levy
UsedTires.com
Boca Raton
Posted by HOWARDLEVY.COM at 12:57 PM 0 comments
Thursday, February 18, 2010
USED TIRES FOR SALE
GETTING STARTED SELLING USED TIRES
THE POOR ECONOMY HAS LEAD TO AN INCREASED DEMAND FOR USED TIRES IT HAS ALSO LEAD TO N INCREASE IN RETAIL TIRE DEALERS ENTERING THE BUSINESS TO SELL USED TIRES ONLLY.
WE ARE TRYING TO ANSWER MANY OF THE ACTUAL QUESTIONS WEBSITE VISITORS TO USEDTIRES.COM ASK US ON A DAILY BASIS.
WHERE DO I GET MY WHOLESALE SUPPLY?
WHERE SHOULD I OPEN MY RETAIL FACILITY?
WHAT EQUIPMENT AND LABOR IS GOING TO BE NEED TO PLAN FOR MY USED TIRE STORE?
WHAT IS M RETAIL PRICE PER TIRE TO PUBLIC GOING TO BE?
THE POOR ECONOMY HAS LEAD TO AN INCREASED DEMAND FOR USED TIRES IT HAS ALSO LEAD TO N INCREASE IN RETAIL TIRE DEALERS ENTERING THE BUSINESS TO SELL USED TIRES ONLLY.
WE ARE TRYING TO ANSWER MANY OF THE ACTUAL QUESTIONS WEBSITE VISITORS TO USEDTIRES.COM ASK US ON A DAILY BASIS.
WHERE DO I GET MY WHOLESALE SUPPLY?
WHERE SHOULD I OPEN MY RETAIL FACILITY?
WHAT EQUIPMENT AND LABOR IS GOING TO BE NEED TO PLAN FOR MY USED TIRE STORE?
WHAT IS M RETAIL PRICE PER TIRE TO PUBLIC GOING TO BE?
Sunday, January 03, 2010
WANT TO START TO SELL USED TIRES
OVER THE PAST YEAR OUR WEBSITE USEDTIRES.COM HAS RECEIVED HUNDREDS OF UNIQUE VISITORS WHO WANT TO ENTER THE RETAIL USED TIRE MARKET.
USEDTIRES.COM HAS DECIDED TO ASSIST WITH SOME HELPFUL TIPS WE WILL PUBLISH ON THIS BLOG.THE SALES OF USED TIRES HAS EXPLODED WITH THE WEAK ECONOMY AND INTRODUCTION OF TARIFFS ON NEW CHINESE TIRES.MANY EXISTING TIRE DEALERS AS WELL AS NEWBIES ARE CURRENTLY TRYING TO ENTER THE MARKET.
WE WILL TRY TO ASSIST WITH OUR BLOG AS TO HOW TO START WHAT IS THE MARKET, WHERE IS THE MARKET, WHAT TO BUY WHAT TO SELL WHAT TO CHARGE STAY TUNED..............
USEDTIRES.COM HAS DECIDED TO ASSIST WITH SOME HELPFUL TIPS WE WILL PUBLISH ON THIS BLOG.THE SALES OF USED TIRES HAS EXPLODED WITH THE WEAK ECONOMY AND INTRODUCTION OF TARIFFS ON NEW CHINESE TIRES.MANY EXISTING TIRE DEALERS AS WELL AS NEWBIES ARE CURRENTLY TRYING TO ENTER THE MARKET.
WE WILL TRY TO ASSIST WITH OUR BLOG AS TO HOW TO START WHAT IS THE MARKET, WHERE IS THE MARKET, WHAT TO BUY WHAT TO SELL WHAT TO CHARGE STAY TUNED..............
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