United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0088389 - HQ 0088453 > HQ 0088413

Previous Ruling Next Ruling


HQ 088413


MAY 3 1991

CLA-2:CO:R:C:M 088413 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.4000, 7318.15.8060

Thomas A. Penska
Ameri-Can Customhouse Brokers, Inc.
Peace Bridge Plaza
Buffalo, New York 14213-2488

RE: Machine Screw, Bin Bolt, Hex Flange Bolt

Dear Mr. Penska:

In a letter dated December 20, 1990, on behalf of Leland Industries Inc., Ontario, you ask that we reconsider a New York ruling to you on a hex flange screw or bolt from Canada.

FACTS:

The ruling in question, dated October 10, 1990 (856648), concerned a fastener identified as a hex flange [head] bolt or bin bolt with head undercut to accommodate a pvc washer. The fastener was held to be classifiable in subheading 7318.15.8060, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), other screws with hexagonal heads having shanks or threads with a diameter of 6 mm or more. Leland contends that the fastener in issue conforms to ANSI standard B 18.6.3 which designates a slotted hex washer head machine screw of the type classifiable in subheading 7318.15.4000, HTSUSA.

ISSUE:

Whether the fastener in issue is a machine screw of subheading 7318.15.4000 or a hex head flange screw of subheading 7318.15.8060.

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 threaded fasteners primarily in accordance with their design characteristics. This classification criteria is reinforced by an American National Standards Institute (ANSI) specification which establishes a recommended procedure for determining the identity of externally threaded fasteners. ANSI specification B 18.2.1, in comparing screws and bolts, regards a screw as 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. Again, Customs distinguishes one bolt or screw type from others based on design characteristics.

It appears that samples were submitted to New York in connection with the request that became ruling 856648, but these samples are not available for our review. However, the fastener in issue was described in ruling 856648 as being of carbon steel with a shank diameter of over 6 mm. It was described as having the appearance of the Industrial Fasteners Institute (IFI) standard 111, hex flange screw, except that the head was undercut to accommodate a pvc washer. The concerned national import specialist examined the sample and stated in ruling 856648 that it "has a majority of design characteristics which assist its proper use in a tapped or other preformed hole." This statement was intended to distinguish the article from a bolt, which is how it was described in the ruling request.

ANSI B 18.6.3, which Leland relies on, is a designation for hex washer head machine screws. It illustrates a threaded fastener with a hex washer head. This is a washer head upon which a hexagon head (six flat sides with flat top and flat bearing surface) is formed. The article in issue here is a threaded fastener with a hex flange head. This is a circular flange upon which a hex head is formed.

Because of the shape of the head, this fastener has design characteristics of the hex flange screw illustrated in IFI designation 111, and not those of a hex washer head machine screw.

HOLDING:

The fastener referred to as a hexagon flange bolt or bin bolt is not a machine screw for tariff purposes. It is a hex
flange screw classifiable under the provision for other screws of iron or steel, with hexagonal heads, having shanks or threads with a diameter of 6 mm or more, in subheading 7318.15.8060, HTSUSA.

EFFECT ON OTHER RULINGS:

New York ruling dated October 10, 1990 (856648) is affirmed.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: