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HQ 957549




MAY 12, 1995

CLA-2 R:C:M 957549 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.50

Ms. Stephanie Moody
Gulfstream Aerospace Corporation
P.O. Box 2206
Savannah, GA 31402-2206

RE: PC 871850 Modified; Dowel, Threaded Fastener of Stainless Steel Used With Exhaust Collector and Muffler; Aluminum Pipe Fitting, Subheading 7609.00.00; Stud, Common Meaning, Fastening Devices, Inc. v. United States

Dear Ms. Moody:

In your letter of January 9, 1995, you request a ruling on a dowel from the UK. This article was among the components of an exhaust collector nozzle the subject of pre-entry classification decision (PC) 871850, dated April 13, 1992, from the District Director of Customs, El Paso, TX.

The dowel was classified in PC 871850 as an aluminum tube or pipe fitting in subheading 7609.00.00, Harmonized Tariff Schedule of the United States (HTSUS). You ask that we consider the provision for other parts of turbojets or turbopropellers, in subheading 8411.91.90, HTSUS.

FACTS:

The article in question is identified in submitted literature as part # PU15247. You state it is used for installing an exhaust collector and muffler to Rolls Royce aero engines. This article is a cylindrical fastener of stainless steel, nearly 1 1/2 inches long. One end of the shank is unthreaded and tapered and the other end threaded with a nut attached.

The provisions under consideration are as follows:

7318 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel:

Threaded articles:

7318.15 Other screws and bolts, whether or not with their nuts and washers:

7318.15.50 Studs...3.8 percent

7609.00.00 Aluminum tube or pipe fittings (for example, couplings. elbows, sleeves)...5.7 percent

8411 Turbojets, turbopropellers and other gas turbines, and parts thereof:

Parts:

8411.91 Of turbojets or turbopropellers:

8411.91.90 Other...3 percent

ISSUE:

Whether the dowel is part of a turbojet for tariff purposes

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) 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.

Goods that are identifiable as parts of machines, equipment or apparatus of chapters 84 or 85 are classifiable in accordance with Section XVI, Note 2, HTSUS, to the extent the note is applicable. Articles that are integral, constituent or component parts without which the article with which they are used cannot function have been held to be "parts" for tariff purposes. Dowels of the type in issue perform a fastening or joining function. There is no evidence that they are integral, constituent or component parts necessary to the proper function or operation of an exhaust collector, muffler or engine.

A stud is a type of bolt, but is distinguished from a bolt by its intended service application. Studs are normally short rods or pins threaded on one or both ends, sometimes with heads on one end to allow them to be fixed in place resulting in a - 3 -
protuberance to which other articles may be suspended or attached by a nut or other means. While not necessarily encompassing the entire universe of fasteners that may be studs, Customs regards as studs articles that are within this definition, as cited in Fastening Devices, Inc. v. United States, 40 Cust. Ct. 345, C.D. 2004 (1958).

The submitted parts list identifies the dowel as part # PU 15247, but the schematic does not describe its service application. Nevertheless, because the dowel comports with the above description, it is within the common meaning of the term stud for tariff purposes.

HOLDING:

Under the authority of GRI 1, the dowel, part # PU15247, is provided for in heading 7318. It is classifiable as a stud of iron or steel, in subheading 7318.15.50, HTSUS.

PC 871850, dated April 13, 1992, is modified accordingly.

Sincerely,

John Durant, Director
Commercial Rulings Division


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