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HQ 951870




JANUARY 29, 1993

CLA-2:CO:R:C:M 951870 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.14.10, 7318.15.20, 7318.15.60, 7318.15.80, HTSUS

District Director of Customs
55 Erieview Plaza
Cleveland, Ohio 44114

RE: Knuckle Bolt, Earth Bolt, Washer Bolt, Flange Bolt, Hex Bolt, Heading 7318; Bolts and Screws; Automotive Fasteners; American National Standards Institute/American Society of Mechanical Engineers (ANSI/ASME) B 18.2.1; PRDs 4103-92-100091 and 4103-92-100106

Dear Sir:

This is our decision on Application for Further Review of Protests 4103-92-100091, dated February 19, 1992, and 4103-92-100106, dated May 6, 1992, filed by counsel representing Honda of America Mfg., Inc., against your action in liquidating certain entries of threaded fasteners from Japan. Counsel's arguments are contained in two submissions, dated May 5 and December 23, 1992.

FACTS:

The instant protest covers a variety of threaded fasteners used in automotive applications. They are represented by eight (8) samples forwarded by your office to the National Import Specialist. In its December 23, 1992, submission, counsel abandons its claim regarding the bumper beam bolt marked "90106sm4 A000" and the flange bolt marked "957011002008." We will therefore omit any discussion of these fasteners. For purposes of discussion, counsel divides the samples into five (5) separate groups.

The first group is represented by one sample, identified as the knuckle bolt and marked "5236gs14 0000 AEu." It measures 10 1/4 inches long, has a recessed hexagon (hex) head, and a removable circular steel disc loosely fitted over its body. The shank of this fastener is longitudinally ribbed and is threaded - 2 -
one inch from a blunt chamfered point. It has a flange formed on the underside of the head which is the functional equivalent of a washer face. This fastener is used to hold the rear suspension member (trailing arm) to the car body.

The second group is represented by one sample identified as the earth bolt marked "90148se0 0030." It is a 3/4 inch long fastener with a threaded shank and a recessed or indented hex head. There is a pie-shaped notch cut into the bottom 1/4 inch of the shank. The fastener has two free spinning washers, a lock washer and a flat washer, permanently assembled under the head. Fasteners of this type are referred to as "sems." This fastener is used to attach portions of automotive electrical systems that require grounding.

The third group is represented by three (3) samples, which counsel identifies as washer bolts. The first, marked "90101se3 0030", is 1 3/8 inches long and threaded to within 1/4 inch of the point. It has a hex recessed head and a permanently attached free spinning washer. The second, marked "934010602008", is identical except that it is 1 inch long and fully threaded. The third, marked "90146sm4 0000", is identical to the second except that it is 13/16 inch long and has two permanently attached free spinning steel washers, a lock washer and a flat washer. These fasteners are used primarily to attach the auto door hinge to the car frame and the fuel pipe cluster to the car body.

The fourth group is represented by two (2) samples identified as flange bolts. The first, marked "9016csfl 0000," is 4 1/8 inches long with a smooth shank threaded at the bottom 1/3 of its length, and a removable washer. It has a recessed hex flange head and a blunt chamfered point. The second, marked "95701060 2008," is a 1-inch long fastener, fully threaded with a recessed hex washer head. These fasteners are said to have a variety of automotive applications.

The fifth group has one sample, marked "92100060120H" which counsel calls a hex bolt. It is 5/8 inch long and fully threaded with a hex head. These fasteners are said to be used in a variety of lighter-weight automotive applications.

These fasteners were classified in liquidation under the provision for other screws, in subheading 7318.15.60 or subheading 7318.15.80, HTSUS, depending on the diameter of the shanks or threads. Counsel for protestant maintains that all fasteners the subject of this protest are properly classifiable in subheading 7318.15.20, HTSUS, a provision for bolts and bolts and their nuts or washers entered or exported in the same shipment. The claim is that all are externally threaded fasteners which must be assembled with a nut to perform their intended service application. - 3 -

The Customs Form 6445A indicates that certain fasteners in the protested entries were liquidated under the provision for studs, in subheading 7318.15.50, HTSUS. However, no sample was provided with the protest, nor do counsel's arguments address the issue. These articles, therefore, will not be addressed.

ISSUE:

Whether fasteners represented by the submitted samples, or any of them, are bolts or screws 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.

Counsel maintains that the fasteners in issue are provided for eo nomine as bolts of heading 7318, that they are within the common meaning of that term, and are thus classifiable in subheading 7318.15.20, HTSUS. The general lexicons counsel cites are in agreement that bolts have a head on one end, a screw thread on the other end usually for a nut, and are used to hold something in place or to fasten two or more things together. However, because both screws and bolts have heads and threads, and because certain types of screws can be used with nuts, these lexicons are not particularly helpful in distinguishing bolts from screws.

Counsel also cites the Explanatory Notes to the Harmonized Commodity Description and Coding System (ENs) which he claims support the bolt classification. The heading 7318 ENs at p. 1028 indicate that bolts are designed to engage with a nut and usually have a part of their shank unthreaded, whereas screws for metal are usually screwed into a hole tapped in the material to be fastened and are therefore generally threaded throughout their length. Counsel has not demonstrated that in all cases the samples are designed to engage with nuts and none were accompanied by nuts. Further, at least half the samples have fully threaded shanks. At best, the ENs are inconclusive in resolving the issue before us.

Customs is of the opinion that the most objectively verifiable standard for differentiating one type of threaded fastener from another is by dimensional standards specified by or on behalf of the industry in which these fasteners are used. However, when there is no industry standard available to cover a particular fastener, Customs relies on a more general - 4 -
specification which establishes a recommended procedure for determining the identity of an externally threaded fastener. In cases where a particular fastener does not fall squarely within a recognized standard, we will classify it according to the standard to which it most closely conforms or in accordance with the majority of its design characteristics.

Customs disputes counsel's assertion that designations published by the American National Standards Institute/American Society of Mechanical Engineers (ANSI/ASME), the Industrial Fastener Institute (IFI), or other industry groups, establish a commercial designation that is different from the common meaning of the term "bolt." Rather, we believe the common and commercial meanings of the terms "bolt" and "screw" can be reconciled, particularly where an industry standard is used to clarify common meaning. The courts have sanctioned the use of an industry standard where the common meaning of a term is indefinite. See United States v. Colonial Commerce Co., Ltd. et al., 44 CCPA 18, C.A.D. 629 (1965), and related cases.

The recommended procedure for differentiating bolts from screws is set forth in ANSI/ASME standard B 18.2.1 (1981). This standard regards as a bolt an[y] externally threaded fastener designed for insertion through holes in assembled parts, and [which] is normally intended to be tightened or released by torquing a nut. The standard regards as a screw an[y] 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.

ANSI/ASME standard B 18.2.1 specifies primary and supplementary criteria to be applied in determining whether a particular threaded fastener is a bolt or a screw. This specification states that any fastener satisfying one of the primary criteria shall be identified accordingly, and no further examination need be made.

Counsel maintains that if industry criteria are to be used, all the sample fasteners satisfy ANSI/ASME primary criteria 5.3. We disagree. If a specific industry standard is found to apply, we believe it is an appropriate reflection of common meaning. To the extent that the more general ANSI/ASME standard applies, it has not been shown that any of these fasteners must be assembled with a nut to perform its intended service. The discussion in ANSI/ASME B 18.2.1 under Explanatory Data indicates that a bolt is designed for assembly with a nut, but because of basic design, it is possible to use certain types of screws in combination with a nut.

Initially, the fillet radius, head angularity or squareness, shank straightness, thread concentricity and length are normally - 5 -
closely controlled in screws. Because none of the submitted drawings specifies these tolerances, we are unable to apply the above supplementary criteria with any degree of certainty.

With respect to the first group, represented by the knuckle bolt, we are unable to apply criteria 6.1. Criteria 6.2 states that a screw should have a bearing surface that is smooth and flat. A fastener's bearing surface is the supporting or locating surface under the head with respect to the part which it fastens or with which it mates. Despite a small groove where the bearing surface meets the shank, it is clear that the supporting or locating surface of this sample is both smooth and flat. Head angularity is the angle created at the junction of the under head bearing surface and the shank. Under criteria 6.3, the groove on the bearing surface creates an angle with the shank that is not square. Because of the ribbed body, it is unclear whether criteria 6.4 applies. Under criteria 6.5, a screw must be particularly straight to permit ready engagement with an internal thread. The sample has no apparent bow, camber or other visual deviation from straightness. Criteria 6.6 specifies threads for screws that are concentric with the body axis within close limits to permit assembly into a tapped hole. While maximum and minimum pitch diameters and major diameters are not specified in the drawings, the threads of this fastener are uniformly spaced and appear to have a controlled pitch. The threads appear to share a common axis. Under criteria 6.7, a screw must have a thread length sufficient to develop the full strength of the fastener in tapped holes in various materials. Although this fastener is only threaded at the bottom 1 inch of its shank, it is longitudinally ribbed. This design feature indicates to us that the thread length, while short when compared with the entire length of the shank, is nevertheless sufficient to develop the full strength of the fastener in the narrow application for which the fastener is used. Criteria 6.8 indicates a screw should have a chamfered or other specially prepared point to facilitate entry into a hole. The sample fastener has a blunt chamfered point. Finally, criteria 6.9 indicates that the length of a screw should be closely toleranced to prevent bottoming of the fastener in a tapped hole. The presence of the specially prepared point is consistent with a closely toleranced length. The knuckle bolt meets at least criteria 6.2 and 6.8 and visually conforms to at least four of the other secondary criteria for screws.

The second group, represented by the earth bolt, conforms to the metric screw and washer assembly or "sem" designated by IFI standard 531. The dimensional data for components of sems is found in other standards. The screw clearly imparts the essential character to this composite article and is a type T thread cutting tapping screw of the type designated in IFI standard 502. It has a hex head and a fully threaded fluted point which is not suitable for use with a nut, but rather for removing cuttings and dirt from the inside of a tapped hole or - 6 -
self formed hole. This fastener is a screw for tariff purposes, classifiable under the provision for self-tapping screws, in subheading 7318.14.10 or subheading 7318.14.50, HTSUS, depending on shank or thread diameter.

Samples comprising the third group, the washer bolts, are also sems. However, there is no specific IFI standard to which the screws without washers conform. Photographs show that this fastener is designed to be screwed into a permanently affixed nut. This is not in conformity with a primary criteria in standard B 18.2.1. We must therefore apply the supplementary criteria in B 18.2.1. We are unable to apply criteria 6.1. Criteria 6.2 is inconclusive for the following reasons. Despite the presence of the washer(s) which makes a visual inspection difficult, the outer part of the bearing surface of one fastener appears to have a slight ridge which we would not regard as flat and smooth; a second sample in this group has a bearing surface that is rough to the touch; however, the third sample has a bearing surface that visually and by touch is flat and smooth. Head angularity under criteria 6.3 is the angle created at the junction of the under head bearing surface and the shank. In two of the sample fasteners the angle created where the bearing surface meets the shank has the visual appearance of being square while one does not. This criteria is therefore inconclusive. Criteria 6.4 does not apply. Under criteria 6.5, the samples have no bows, cambers or other apparent deviation from straightness. Under criteria 6.6, a visual inspection indicates the threads of each sample are evenly spaced and have a uniform pitch; they appear to share a common axis. Under criteria 6.7, two of the samples are fully threaded while the third has a 13/16 inch shank, all but the last 1/4 inch of which is threaded. These fasteners, therefore, appear to have thread lengths sufficient to develop their full strength in tapped holes. Under criteria 6.8, one sample has a specially prepared dog point designed to facilitate entry into a hole and easy start with the internal thread; the other two have sheared points which are not specially prepared. This criteria is therefore inconclusive. Because of the respective points, we are unable to determine if the screw lengths are closely toleranced as required under criteria 6.9. In conclusion, these fasteners meet at least supplementary criteria 6.3, 6.5, 6.6, and 6.7, with the remaining criteria being either inconclusive or inapplicable. These fasteners, therefore, are screws for tariff purposes.

The fourth group, flange bolts, is represented by two samples. As to the supplementary criteria in B 18.2.1, we are unable to apply criteria 6.1. Under criteria 6.2, the bearing surface of the larger sample is flat and smooth while the bearing surface of the second sample is rough to the touch. Despite a groove around the base of the shank of the first sample where it meets the bearing surface the angle created where the two surfaces meet has the visual appearance of being square as - 7 -
required under criteria 6.3. Because of its rough bearing surface the head angularity of the second sample is probably not closely controlled. Criteria 6.4 is inconclusive with respect to the first sample and does not apply to the second sample. Under criteria 6.5, the shank of each sample has no bows, cambers or other visual deviations from straightness. The threads on both samples appear to be evenly spaced and to have a controlled pitch. The threads have the visual appearance of sharing a common axis. Criteria 6.7 is inconclusive with respect to the first sample. The second sample is fully threaded. Under criteria 6.8, the first sample has a blunt chamfered point that is specially prepared to facilitate entry into the hole and easy start with the internal thread. The second sample has a sheared point that is not considered specially prepared. Under criteria 6.9, because of their respective points, the length of the first sample is probably closely toleranced to prevent bottoming of the fastener in a tapped hole while the length of the second sample is probably not closely toleranced. Fasteners represented by the first sample have the majority of design characteristics of screws and should be classified accordingly. Fasteners represented by the second sample have the majority of design characteristics of bolts and should be classified accordingly.

The fifth and final group is represented by one sample, the hex bolt. As to the supplementary criteria in B 18.2.1, we are unable to apply criteria 6.1. Under criteria 6.2, we find the under head bearing surface to be rough. The base of the shank appears equally rough. Therefore, head angularity under criteria 6.3 does not appear to be controlled. Criteria 6.4 does not apply. Under criteria 6.5, the shank has no bows, cambers or other visual deviation from straightness. Under criteria 6.6, the threads appear to be evenly spaced and to have a uniform pitch. Under criteria 6.7, the fastener is fully threaded. The fastener has a sheared point which not a specially prepared point under criteria 6.8. Because of this, there is no indication that the length of this fastener is closely toleranced as required by criteria 6.9. We conclude that fasteners represented by the hex bolt have a majority of design characteristics of bolts and should be classified accordingly.

HOLDING:

The protest is denied as to those fasteners liquidated under the provision for studs, in subheading 7318.15.50, HTSUS.

Protestant has not contested the liquidation of fasteners represented by the bumper beam bolt and the flange bolt marked "957011002008." The protest is denied as to this merchandise.

Fasteners represented by the knuckle bolt and the washer bolts have the majority of design characteristics of screws. They are classifiable in subheadings 7318.15.60 or 7318.15.80, - 8 -

HTSUS, as appropriate, depending on shank or thread diameter. The protest is denied as to these fasteners.

Fasteners represented by the earth bolt are self-tapping screws for tariff purposes. They are classifiable in subheading 7318.14.10 or 7318.14.50, HTSUS, as appropriate. Because the rates under the respective self-tapping screw provisions are the same as the rates under the liquidated rates in subheadings 7318.15.60 and 7318.15.80, the protest is denied as to these fasteners.

Fasteners represented by the flange bolt marked "9016csfl 0000" have the majority of design characteristics of screws and are classifiable in subheadings 7318.15.60 or 7318.15.80, HTSUS, as appropriate. The protest is denied as to these fasteners. Fasteners represented by the flange bolt marked "95701060 2008" have the majority of design characteristics of bolts and are classifiable in subheading 7318.15.20, HTSUS, as claimed. The protest is allowed as to these fasteners.

Fasteners represented by the hex bolt are classifiable in subheading 7318.15.20, HTSUS, as claimed. The protest is allowed as to these fasteners.

A copy of this decision should be attached to the Customs Form 19, and mailed to the protestant, through counsel, as part of the notice of action on the protest.

Sincerely,

John Durant, Director
Commercial Rulings Division

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