United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 HQ Rulings > HQ 963221 - HQ 963685 > HQ 963296

Previous Ruling Next Ruling
HQ 963296




May 4, 2001

CLA-2 RR:CR:GC 963296 AML

CATEGORY: CLASSIFICATION

TARIFF NOS.: 7318.15.8065

Chief, Metals and Machinery Branch
National Commodity Specialist Division
6 World Trade Center
New York, New York 10048-0945

RE: Reconsideration of DD880973; unthreaded hex head steel capscrew blank.

Dear Sir:

This is in reference to your request for reconsideration (CLA-2-73:RR:NC:N1:118; NY File E89989, dated November 29, 1999) of Port Decision DD880973, issued by Customs, Ogdensburg, NY, on December 11, 1992, which classified an unthreaded hex head steel capscrew blank under subheading 7318.29.00 of the Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts . . . and similar articles, of iron or steel . . . non-threaded articles: other. We have reconsidered DD880973 and now believe that the classification of the unthreaded, hex head, steel capscrew blank set forth is incorrect. This letter sets forth the correct classification.

FACTS:

The articles were described in DD880973 as follows:

The item under review is an unthreaded, hex head, steel capscrew blank made in either Canada, Taiwan or Korea. It is intended to be threaded in the United States after importation.

ISSUE:

Whether the unthreaded, hex head, steel, capscrew blanks are classifiable under subheading 7318.29.00, HTSUS, as for screws, bolts . . . and similar articles, of iron or steel . . . non-threaded articles: other; or subheading 7318.15.8065, HTSUS, as a capscrew with a diameter of 6 mm or more?

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.

The HTSUS subheadings 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 or washers: 7318.15.80 Having shanks or threads with a diameter of 6 mm or more Other:
With hexagonal heads:
7318.15.8065 Other.
Non-threaded articles:
7318.29.00 Other.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise. Customs believes the ENs should always be consulted. See T.D. 8980. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

EN 73.18 provides, in pertinent part, as follows:

Bolts and nuts (including bolt ends), screw studs and other screws for metal, whether or not threaded or tapped, screws for wood and coach-screws are threaded (in the finished state) and are used to assemble or fasten goods so that they can readily be disassembled without damage.

Blanks for bolts and untapped nuts are also included in the heading.

“It is well established that an imported article is to be classified according to its condition as imported . . . .” XTC Products, Inc. v. United States, 771 F.Supp. 401, 405 (1991). See also, United States v. Citroen, 223 U.S. 407 (1911).

At GRI 1, the articles are classifiable in heading 7318 as fasteners. In order to determine the proper classification at the subheading level, GRI 6 is applied. GRI 6 requires that the GRIs be applied in order to determine classification at the subheading level. At GRI 6, the two 5 digit choices are between threaded and non-threaded articles. Application of GRI 1 at the subheading level allows us to consider GRI 2a.

GRI 2(a) provides:

2. (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.

The ENs to GRI 2(a) provide, in pertinent part:

(II) The provisions of this Rule also apply to blanks unless these are specified in a particular heading. The term “blank” means an article, not ready for direct use, having the approximate shape or outline of the finished article or part, and which can only be used, other than in exceptional cases, for completion into the finished article or part (e.g., bottle preforms of plastics being intermediate products having tubular shape, with one closed end and one open end threaded to secure a screw type closure, the portion below the threaded end being intended to be expanded to a desired size and shape).

Semimanufactures not yet having the essential shape of the finished articles (such as is generally the case with bars, discs, tubes, etc.) are not regarded as “blanks”.

The unthreaded, hex head, steel capscrew blanks, upon importation, constitute the essence of capscrews with a diameter of 6 mm or more. Once the articles are threaded following importation, they will be complete and immediately ready for use. The articles are readily recognizable as unthreaded hex head steel capscrews, and are sufficiently complete, in their most basic form, to have the essential character of finished
capscrews with a diameter of 6 mm or more. The articles, although “not ready for direct use, [do] hav[e] the approximate shape or outline of the finished article or part, and . . . can only be used, other than in exceptional cases, for completion into the finished article or part.” See the EN to GRI 2(a), above. The unfinished capscrews are provided for in subheading 7318.15.8065, HTSUS.

HOLDING:

The articles are classified under subheading 7318.15.8065, HTSUS, as capscrews with a diameter of 6 mm or more.

EFFECT ON OTHER RULINGS:

DD880973 is hereby revoked.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: