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HQ 955931



February 3, 1995

CLA-2 CO:R:C:M 955931 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318

District Director
U.S. Customs Service
55 Erieview Plaza
Plaza Nine Building, 6th Floor
Cleveland, OH 44114

RE: Protest 4110-94-100001; Fasteners; Screws; Studs; Bolts; HQ 954094

Dear District Director:

The following is our decision regarding Protest 4110-94-100001 concerning your action in classifying and assessing duty on various metal fasteners under the Harmonized Tariff Schedule of the United States (HTSUS).

The merchandise involved in this protest consists of screws, machine screws, studs, and self-tapping screws used in automobile production. The issue involved in this protest is whether the fasteners are classifiable as entered under subheading 7318.15.20, HTSUS, as bolts, or under the provisions in the HTSUS which specifically describe the fasteners, as the entries were liquidated.

In HQ 954094, dated August 24, 1993, we reviewed Protest 4110-93-100011 which involved identical merchandise. In that ruling, we determined that the fasteners were not bolts, but were classifiable under the HTSUS provisions which specifically describe the fasteners. Accordingly, we instructed your office to deny the protest.

In Protest 4110-93-100011, we were not provided with any samples of the fasteners. Because we issued HQ 954094 without having examined any samples, the protestant filed for further review of the subject protest, ensuring that this office received samples of the fasteners.

We have thoroughly reviewed all of the arguments in the subject protest and examined the provided samples, and have determined that the holding in HQ 954094 that the fasteners are not bolts is correct. The arguments made by protestant in this protest were specifically answered in HQ 954094. Also, the presence of the samples has only confirmed our position that the fasteners are not bolts.

In addition, we note that subsequent to receipt of HQ 954094, protestant filed a summons before the U.S. Court of International Trade (CIT), contesting our holding that the subject fasteners are not bolts. The case pending before the CIT is Subaru-Isuzu Automotive, Inc. v. U.S. (Court No. 94-03-00150).

In pertinent part, section 177.7(b), Customs Regulations [19 CFR 177.7(b)], states that:

[p]ending litigation in the United States Court of International Trade. No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom. . .

In view of the fact that the tariff classification of these fasteners is now pending before the CIT, Customs finds that it would be improper to address the issue.

The protest should be DENIED in full. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, this decision, together with the Customs Form 19, should be mailed by your office to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry in accordance with the decision must be accomplished prior to mailing of the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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