CLA-2 CO:R:C:G 087743 CMS
7318.15.80
Mr. Bernard D. Liberati
General Manager
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883
RE: Reconsideration Of NY Ruling 852310 (May 15, 1990);
Bolts; Screws; Automotive Side Battery Bolts; Terminals
Dear Mr. Liberati,
This is in response to your request on behalf of MSW
International, Inc., dated August 8, 1990, for the
reconsideration of NY Ruling 853210 (May 15, 1990). Our
ruling follows.
FACTS:
The merchandise is described by the importer as a "side
battery bolt". The "bolt" is used in the automotive after market
in the replacement of battery terminals. The article is screwed
into the existing tapped hole in the side of the battery from
which the terminal being replaced is removed.
The "bolt" is made of carbon steel. It is approximately 1"
long and has a shank and a head. The shank is approximately
7/16" long, 3/8" in diameter and is threaded over more than half
its length. The head is an oversized flange hex head with the
circular flange portion measuring approximately 3/4" in diameter.
A shoulder above the flange is circular and measures
approximately 1/2" in diameter and 3/16" in height. Atop the
shoulder is a hex head which measures approximately 5/16" across
the flats.
ISSUE:
Is the merchandise classified as a bolt in 7318.15.20,
HTSUSA, or as a screw in 7318.15.80, HTSUSA?
-2-
LAW AND ANALYSIS:
NY Ruling 852310 held that the merchandise had the design
characteristics of a screw and was classified as a screw in
7318.15.80, HTSUSA.
In the August 8, 1990 request for reconsideration, it is
argued that the article performs the duties of a bolt. It is
stated that the article holds the battery terminals in an
automobile like a bolt, and that it is the requestor's opinion
that screws are normally used to make a hole and then hold two
items together. It is stated that bolts are normally used with
nuts unless the item has a built in bolt setup.
The Explanatory Notes to Heading 7318, p. 1028, provide that
both bolts and screws "...are threaded (in the finished state)
and are used to assemble or fasten goods so that they can readily
be disassembled without damage". It is further provided at p.
1028 that screws are not necessarily used to make holes, but can
be screwed into tapped holes. For example, for bolts and screws
for metal, "...[a] bolt is designed to engage in a nut, whereas
screws for metal are more usually screwed into a hole tapped in
the material to be fastened and are therefore generally threaded
throughout their entire length whereas bolts usually have a part
of the shank unthreaded".
The articles under consideration have more of the features
of screws than bolts. The articles are screwed into tapped
holes. In their principal use as a "side battery bolt" they are
not designed to engage a nut. The shank is not threaded
throughout its entire length but this is not because the shank is
inserted through a hole to engage a nut on the other side like a
bolt; the threaded portion of the shank is designed to be screwed
into a tapped hole like a screw.
NY Ruling 852310 (May 15, 1990) correctly held that the
"side battery bolt" was classified as a screw having a shank or
thread with a diameter of 6 mm or more, in 7318.15.80, HTSUSA.
HOLDING:
NY Ruling 852310 (May 15, 1990) correctly held that the
"side battery bolt" was classified as a screw having a shank or
thread with a diameter of 6 mm or more, in 7318.15.80, HTSUSA,
and is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division