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HQ 088412


MAY 1 1991

CLA-2:CO:R:C:M 088412 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.20, 7318.15.60, 7318.15.80

Farrell Campbell
Mecaero Canada, Inc.
2250 Cohen, St. Laurent
Quebec, Canada H4R 9Z7

RE: Bolt, Screw; Aircraft Fastener

Dear Mr. Campbell:

In a letter dated November 12, 1990, you ask that we confirm the classification of six (6) fasteners you propose to import from Canada. National Standards Association drawings were submitted. Our ruling follows.

FACTS:

Each drawing suggests multiples of the same article designated by part number; however, only the first page of each was submitted. Therefore, this ruling is limited to the article depicted. Drawing NAS 2842 identifies a brazier head bolt. It is a slotted, round head fastener of steel. It is identical, for all practical purposes, to the slotted, round head cap screw illustrated in ANSI standard B 18.6.2. It may also be imported configured with an optional cross drilled hole in the shank. This dedicates the fastener to receiving a cotter pin to hold a nut in place.

Drawing NAS 623 is designated a threaded pan head machine screw but, in fact, has the closely controlled tolerances and other characteristics of the cap screw designated in ANSI standard B 18.6.2.

Drawing MS 21250 designates a 12-point flanged bolt but, in fact, conforms to the Industrial Fastener Institute (IFI) standard IFI 115 for 12-point screws. This fastener offers the cross drilled shank option.

Drawing NAS 3203 designates a bolt-hook or threaded bent bolt of carbon steel. It conforms to the bent bolt designated by

IFI standard 136 for studs and bent bolts for pressure-tempering piping.

Drawing NAS 3303 designates a threaded, strap type U-bolt of carbon steel. This fastener conforms to IFI standard 136.

Finally, drawing NAS 3003 designates a shear hex head bolt, presumably of steel. This fastener offers the cross drilled shank option. It closely resembles the standard hex cap screw designated in ANSI B 18.2.1.

ISSUE:

Whether the six (6) fasteners are bolts or screws for tariff purposes.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

Customs traditionally classifies fasteners primarily in accordance with their design characteristics. The usual distinction between a bolt and a screw is that a bolt is fastened by torquing a nut onto the bolt, whereas a screw is fastened by torquing the head. This classification criteria has been reinforced by an American National Standards Institute (ANSI) specification which establishes a recommended procedure for determining the identity of an externally threaded fastener as a bolt or screw. Specifically, ANSI specification B 18.2.1 regards as a bolt an externally threaded fastener designed for insertion through holes in assembled parts which, because of head design or other feature, is prevented from being turned during assembly, and which can be tightened or released only by torquing a nut. A screw, on the other hand, is an externally threaded fastener which has a thread form which prohibits assembly with a nut, has a straight thread of multiple pitch length and which must be torqued by its head into a tapped or other preformed hole to perform its intended function.

Applying these criteria to the merchandise in issue, we find fasteners represented by drawing NAS 2842 to be classifiable under the provision for other screws having shanks or threads with a diameter of less than 6 mm, in subheading 7318.15.6000,

HTSUSA. If an originating good under the United States-Canada Free Trade Agreement (CFTA), the rate of duty is 4.3 percent ad valorem; if the fasteners have shanks or threads with a diameter of 6 mm or more classification is in subheading 7318.15.8080, HTSUSA, with reduced duty under the CFTA of 6.6 percent ad valorem. If imported with cross drilled hole in the shank, classification will be under the provision for bolts of iron or steel, in subheading 7318.15.20, HTSUSA, depending on shank/thread diameter. The rate of duty under the CFTA is 0.4 percent ad valorem.

Fasteners represented by drawing NAS 623 are classifiable as other screws of iron or steel, in subheadings 7318.15.6000, or 7318.15.8080, HTSUSA, depending on shank/thread diameter. The rates of duty under the CFTA are as previously indicated. Fasteners represented by drawing MS 21250 are similarly classifiable. However, if imported with a cross drilled shank, they are classifiable as bolts in subheading 7318.15.20, HTSUSA, depending on shank/thread diameter.

Fasteners represented by drawing NAS 3203 are classifiable as bolts, in subheading 7318.15.20, HTSUSA, depending on shank/thread diameter. Fasteners represented by drawing NAS 3303 are similarly classifiable.

Fasteners represented by drawing NAS 3003 are classifiable as other screws, in subheading 7318.15.6000, or subheading 7318.15.8060, HTSUSA, depending on shank/thread diameter. If imported with a cross drilled shank, they are classifiable as bolts in subheading 7318.15.20, HTSUSA, depending on shank/thread diameter.

HOLDING:

Fasteners from Canada represented by drawings NAS 2842, NAS 623, MS 21250, NAS 3203, NAS 3303 and NAS 3003 are classifiable under appropriate provisions for bolts, in subheading 7318.15.20, HTSUSA, or appropriate provisions for screws, in subheadings 7318.15.60 or 7318.15.80, HTSUSA, with reduced rates of duty under the CFTA for qualifying originating goods.

Sincerely,

John Durant, Director
Commercial Rulings Division


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