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HQ 952953


April 6, 1993

CLA-2 CO:R:C:M 952953 RFA

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.20

District Director of Customs
127 N. Water Street
Ogdensburg, New York 13669

RE: Protest No. 0712-92-100778; Bolts; Studs; Fasteners; 7318.15.50; Sleeve Anchors; Expansion Bolts

Dear District Director:

The following is our decision regarding the Protest and Request for Further Review No. 0712-92-100778, dated July 10, 1992. The protest was filed against your liquidation of the entry of certain merchandise which was classified in subheading 7318.15.50, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise, labeled as a sleeve anchor, is used to fasten articles to a hardened substance, such as concrete. It consists of a threaded rod, an expansion sleeve, a washer, and a nut. The rod measures 2.5 inches in length with a 0.25 inch diameter and is wedge-shaped on one end with a 0.5 inch diameter. The expansion sleeve is approximately 2 inches in length and fits over the rod. After drilling a hole with the same diameter as the sleeve anchor, the wedge-shaped end is inserted into the hole. As the nut is torqued to the base of the concrete, it forces the expansion sleeve down to the tapered end, thereby forcing the sleeve to flare out or expand, securing the article firmly to the concrete.

The merchandise was entered under subheading 7318.15.20, HTSUS, which provides for bolts. However, you liquidated the entry under the provision for studs under subheading 7318.15.50, HTSUS.

ISSUE:

Are the sleeve anchors classifiable as bolts under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The respective provisions for bolts and for studs describe a commodity eo nomine, by name. A tariff term that is not defined in the HTSUS or in the EN's is construed in accordance with its common and commercial meaning. Nippon Kogasku (USA) Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982).

After consulting many dictionaries, the court in A.L. Liebman & Son, Inc. v. United States, 65 Cust. Ct. 85, 90, C.D. 4059 (1970), held "that bolts have a great variety of shapes, forms, and applications. It appears that the essential characteristics of a bolt are: (1) it must be in the shape of a pin or rod; and (2) it must be designed to fasten or hold something in place." It is our understanding based upon information developed by the concerned NIS that sleeve anchors are known by their commercial designation as expansion bolts. The expansion bolt fasteners are available in various sizes and are designed to anchor something in place. The tariff term for bolts includes all types and shapes of bolts.

Under the Tariff Schedules of the United States (TSUS), the precursor to the HTSUS, we have consistently held that expansion bolt fasteners were classifiable under item 646.54, TSUS (the precursor provision to subheading 7318.15.20, HTSUS), which provided for bolts. See HQ 064456 (September 8, 1980). Congress has indicated that earlier rulings must not be disregarded in applying the Harmonized Code. The conference report to the Omnibus Trade Bill states that on a case by case basis prior decisions should be considered instructive in interpreting the HTSUS, particularly where the nomenclature previously interpreted in those decisions remains unchanged and no dissimilar interpretation is required by the text of the HTSUS. H.Rep No. 100-576, 100th Cong., 2D Sess. 548 (1988) at 550.

The description for bolts under HTSUS does not materially differ from item 646.54, TSUS, which provides for bolts and bolts and their nuts imported in the same shipment. Therefore, we find that expansion bolts are classifiable under subheading 7318.15.20, HTSUS, which provides for: "[s]crews, bolts, nuts, coach screws,. . .washers (including spring washers) and similar articles, of iron and steel: [t]hreaded articles: [o]ther screws and bolts, whether or not with their nuts or washers: [b]olts and bolts and their nuts or washers entered or exported in the same shipment. . ."

HOLDING:

The submitted merchandise is classifiable under subheading 7318.15.20, HTSUS, which provides for: "[s]crews, bolts, nuts, coach screws,. . .washers (including spring washers) and similar articles, of iron and steel: [t]hreaded articles: [o]ther screws and bolts, whether or not with their nuts or washers: [b]olts and bolts and their nuts or washers entered or exported in the same shipment. . ." The column 1, general rate of duty is 0.7 percent ad valorem.

The protest should be granted in full. A copy of this decision should be attached to Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

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