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NY F81635




January 14, 2000

CLA-2-73:RR:NC:118 F81635

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.8055

Mr. Wayne Wishnew
Mill Sales Manager
XL Screw Corporation
233 W. Hintz Road
P.O. Box 506
Wheeling, IL 60090

RE: The tariff classification of stainless steel indented hex head conical washer machine screw sems from Taiwan.

Dear Mr. Wishnew:

In your letter dated January 3, 2000, you requested a tariff classification ruling.

You have described the item as a 304 stainless steel indented hex head conical washer machine screw sems. The diameter of the fastener will be 5/16 of an inch. The submitted sample is two inches long.

The applicable subheading for the stainless steel hex head 5/16 of an inch sems will be 7318.15.8055, Harmonized Tariff Schedule of the United States (HTS), which provides for Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles of iron or steel: Threaded articles: Other screws and bolts whether or not with their nuts or washers: Other: Having shanks or threads with a diameter of 6 mm or more, Other: Other: With hexagonal heads: Of stainless steel. The rate of duty will be 8.5% ad valorem.

Consideration was given to your suggested classification of 7318.15.4000, HTS, which provides for machine screws 9.5 mm or more in length and 3.2 mm or more in diameter (not including cap screws). The specific fastener you intend to import has chamfered corners on the underside of the hexagon shaped head. This underhead chamfer is a design characteristic which is the equivalent of a washer face. Customs has a long-standing practice of distinguishing machine screws from cap screws based on the presence of a washer face or its equivalent on the underside of the head. See Heads and Threads, Div. of MSL Industries, Inc. v. United States, C.A.D. 960, 417 F.2d 637 (1969). Accordingly, your fastener is excluded from classification within subheading 7318.15.4000, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director,

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