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HQ 954094

August 24, 1993

CLA-2 CO:R:C:M 954094 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7314.10.50; 7318.14.10; 7318.15.40; 7318.15.50; 7318.15.60; 7318.15.80

District Director
U.S. Customs Service
55 Erieview Plaza
Cleveland, OH 441114

RE: Protest No. 4110-93-100011; Screws; Bolts; HQ 075964; HQ 951362; HQ 084581; Explanatory Note 73.18; 7318.15.20

Dear District Director:

The following is our decision regarding the request for further review of Protest No. 4110-93-100011 concerning your action in classifying and assessing duty on fasteners under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of fasteners for use in motor vehicles. Specifically, based upon the information provided to us, the merchandise is comprised of screws with shanks or threads of a diameter of both less than and more than 6mm, machine screws which are 9.5mm or more in length and 3.2mm in diameter, studs, self tapping screws with shanks or threads of a diameter of both less than and more than 6mm. The importer has not furnished any samples, drawings, or descriptive information concerning the fasteners.

The fasteners were entered under subheading 7318.15.20, HTSUS, as bolts. The entries were liquidated on December 4, 1992, and December 11, 1992. Entries regarding the screws with shanks or threads of a diameter of less than 6mm were liquidated under subheading 7318.15.60, HTSUS, as other screws having shanks or threads with a diameter of less than 6mm. Entries regarding the screws with shanks or threads of a diameter of more than 6mm were liquidated under subheading 7318.15.80, HTSUS, as other screws having shanks or threads with a diameter of 6mm or more. Entries regarding the machine screws were liquidated under subheading 7318.15.40, HTSUS, as machine screws. Entries regarding the studs were liquidated under subheading 7318.15.50, HTSUS, as studs. Entries regarding the self-tapping screws with shanks or threads of a diameter of less than 6mm were liquidated under subheading 7318.14.10, HTSUS, as self-tapping screws with shanks or threads of a diameter of less than 6mm. Entries regarding the self- tapping screws with shanks or threads of a diameter of more than 6mm were liquidated under subheading 7318.14.50, HTSUS, as self- tapping screws with shanks or threads of a diameter of 6mm or more. The protest was timely filed on March 2, 1993.

The subheadings under consideration are as follows:

7318.15.20: [s]crews, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or 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 general, column one rate of duty is 0.7 percent ad valorem.

7318.15.60: [t]hreaded articles: [o]ther screws and bolts, whether or not with their nuts or washers: [o]ther: [h]aving shanks or threads with a diameter of less than 6mm.

The general, column one rate of duty is 6.2 percent ad valorem.

7318.15.80: [t]hreaded articles: [o]ther screws and bolts, whether or not with their nuts or washers: [o]ther: [h]aving shanks or threads with a diameter of 6mm or more.

The general, column one rate of duty is 9.5 percent ad valorem.

7318.15.40: [m]achine screws 9.5mm or more in length and 3.2mm or more in diameter (not including cap screws).

The general, column one rate of duty is 1 cent per kilogram

7318.15.50: [s]tuds.

The general, column one rate of duty is 4.7 percent ad valorem.

7318.14.10: [s]elf-tapping screws: [h]aving shanks or threads with a diameter of less than 6mm.

The general, column one rate of duty is 6.2 percent ad valorem.

7318.14.50: [s]elf-tapping screws: [h]aving shanks or threads with a diameter of 6mm or more.

The general, column one rate of duty is 9.5 percent ad valorem.

ISSUE:

Whether the fasteners are classifiable under subheading 7318.15.20, HTSUS, as bolts, or under the subheadings in the HTSUS which specifically describe them.

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 is determined according to the terms of the headings and any relative section or chapter notes.

In HQ 075964, dated January 31, 1986, it was stated that:

[t]he tariff classification of a threaded fastener is determined primarily by its design characteristics and not necessarily by the chief service application or the trade name given by the manufacturer or seller.

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. See HQ 951362, dated June 24, 1992. ANSI describes bolts and screws as follows:

[a] bolt is an externally threaded fastener designed for insertion through holes in assembled parts, and is normally intended to be tightened or released by torquing a nut.

A screw is an externally threaded fastener capable of being inserted into holes in assembled parts, of mating with a preformed internal thread or forming its own thread, and of being tightened or released by torquing the head.

A bolt is designed for assembly with a nut. A screw has features in its design which makes it capable of being used in a tapped or other preformed hole in the work. Because of the basic design, it is possible to use certain types of screws in combination with a nut. Any externally threaded fastener which has a majority of the design characteristics which assist its proper use in a tapped or other preformed hole is a screw, regardless of how it is used in its service application.

ANSI/ASME (American Society of Mechanical Engineers) B 18.2.1 (1981).

ANSI provides four "Primary Criteria" and nine "Supplementary Criteria" for consideration in distinguishing bolts from screws. If the fastener conforms to any of the "Primary Criteria" for either a bolt or a screw, it is classified accordingly. If none of the "Primary Criteria" are met, one must look to the "Supplementary Criteria". "The Supplementary Criteria detail the principal features in the design of an externally threaded fastener which contribute to its proper use as a screw. A fastener having a majority of these characteristics shall be identified as a screw." ANSI/ASME B 18.2.1 (1981).

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The protestant cites Explanatory Note 73.18 in support of his claim that the proper classification for the subject fasteners is under subheading 7318.15.20, HTSUS. Explanatory Note 73.18 (p. 1028) states that

[a] bolt is designed to engage in a nut, whereas screws for metal are more usually screwed into a hole tapped in the material to be fastened and are therefore generally threaded throughout their length whereas bolts usually have part of the shank unthreaded.

In HQ 084581, dated August 28, 1990, involving the classification of a shoulder fastener, we relied on the procedure established by ANSI. It was stated that:

[t]he design characteristics which the ANSI considers to determine if a fastener is a screw include the following: the presence of a controlled fillet at the junction of the head with the body, a smooth and flat under head bearing surface, the angularity of the under head bearing surface, a closely controlled body, a straight shank, concentric threads, the length of the threads, a specially prepared point on its end, and the length of the fastener.

The protestant did not provide any samples, drawings, or descriptive information concerning the fasteners. Your office applied the above ANSI standards to the merchandise and it was determined that the fasteners are not bolts. Based upon previous case precedent concerning this issue, and the fact that the protestant has failed to identify the fasteners sufficiently so that they may be compared with fastener industry standards, it is our position that your office acted correctly in classifying and assessing duty on the fasteners.

HOLDING:

Based upon the information provided to us, the screws with shanks or threads of a diameter of less than 6mm are classifiable under subheading 7318.15.60, HTSUS. The screws with shanks or threads of a diameter of more than 6mm are classifiable under subheading 7318.15.80, HTSUS. The machine screws are classifiable under subheading 7318.15.40, HTSUS. The studs are classifiable under subheading 7318.15.50, HTSUS. The self-tapping screws with shanks or threads of a diameter of less than 6mm are classifiable under subheading 7318.14.10, HTSUS. The self-tapping screws with shanks or threads of a diameter of more than 6mm are classifiable under subheading 7318.14.50, HTSUS.

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

Sincerely,

John Durant, Director

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