CLA-2 CO:R:C:M 951362 EJD
TARIFF NO: 7318.15.80
Nicholas R. Devine
Assistant District Director
U.S. Customs Service
Commercial Operations Division
Patrick V. McNamara Building
477 Michigan Avenue
Detroit, Michigan 48266
RE: Protest No. 3801-91-100494; Hex head shoulder bolts; HQ
074950; HQ 075964; HQ 084581; Subheading 7318.15.20; EN
73.18
Dear Mr. Devine:
This is in response to the Application for Further Review of
Protest No. 3801-91-100494, dated February 19, 1991, which
pertains to the tariff classification of steel fasteners (hex
shoulder bolts with flange head) under the Harmonized Tariff
Schedule of the United States (HTSUS).
FACTS:
The articles in question are steel fasteners imported by
Marli Manufacturing from Canada. The protestant refers to the
fasteners as "hex washer head bolt". The corrected invoice
described the fasteners as "hex head shoulder bolts". The file
includes drawings, but no samples. The fasteners in issue have
indented hex flange heads. The bottom portion of the fasteners
are threaded. The shoulder portion of the fasteners are
unthreaded. The fasteners are M8 X 1.25 X 83 and M10 X 1/5 X
81.8. The fasteners have no washer face and do not include nuts.
The M8 is used with a normal nut and M10 bolt is used with a
locking-type nut.
The protestant contends that the correct classification of
the fasteners is subheading 7318.15.20, HTSUS, 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...
[o]ther screws and bolts, whether or not with their
nuts or washers...[b]olts and bolts and their nuts or
washers entered or exported in the same shipment.
The protestant claims that the liquidation of this entry is
inconsistent with Headquarters Ruling Letter (HQ) 074950, dated
February 15, 1985, which cites the American National Standard
Institute (ANSI, Standard B 18.2.1, 1965) definition of bolts and
screws.
Your office determined that the indented flange hex head
shoulder bolts are flange screws with design characteristics
which indicate that they are intended to be tightened by torquing
the head. You liquidated these entries under subheading
7318.15.80, HTSUS, 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...
[o]ther screws and bolts, whether or not with their
nuts or washers...[o]ther...[h]aving shanks or threads
with a diameter of 6 mm or more.
ISSUE:
Whether the subject fasteners are classified under
subheading 7318.15.20, HTSUS, or classified under subheading
7318.15.80, HTSUS.
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 tariff classification of a threaded fastener is
determined primarily by its design characteristics and not
necessarily by the chief service application or the trade name
given by the manufacturer or seller." HQ 075964, dated January
31, 1986. This classification criteria is reinforced by an
American National Standards Institute (ANSI) specification which
establishes a recommended procedure for determining the identity
of externally threaded fasteners. ANSI describes bolts and
screws as follows:
A bolt is an externally threaded fastener designed for
insertion through holes in assembled parts, and is
normally intended to be tightened or released by
torquing a nut.
A screw is an 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.
A bolt is designed for assembly with a nut. A screw
has features in its design which makes it capable of
being used in a tapped or other preformed hole in the
work. Because of the basic design, it is possible to
use certain types of screws in combination with a nut.
Any externally threaded fastener which has a majority
of the design characteristics which assist its proper
use in a tapped or other preformed hole is a screw,
regardless of how it is used in its service
application.
ANSI/ASME (American Society of Mechanical Engineers)
B 18.2.1 (1981).
ANSI provides four Primary Criteria and nine Supplementary
Criteria for consideration in distinguishing bolts from screws.
If the fastener conforms to any of the Primary Criteria for
either a bolt or a screw, it is classified accordingly. If none
of the Primary Criteria are met, one must look to the
Supplementary Criteria. "The Supplementary Criteria detail the
principal features in the design of an externally threaded
fastener which contribute to its proper use as a screw. A
fastener having a majority of these characteristics shall be
identified as a screw." ANSI/ASME B 18.2.1 (1981).
The Explanatory Notes (ENs) are the official interpretation
of the Harmonized Commodity Description and Coding System (HCDCS)
at the international level. The protestant cites EN 73.18 in
support of his claim that the proper classification for the
subject fasteners is under subheading 7318.15.20, HTSUS, which
pertains to bolts. EN 73.18 states "[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 length whereas
bolts usually have part of the shank unthreaded." HCDCS, at p.
1028. The ENs, although not dispositive, are to be looked to for
the interpretation of the HTSUS. 54 Fed. Reg. 35127, 35128 (Aug.
24, 1988).
In classifying another shoulder fastener in the provisions
for screws, we relied on the procedure established by ANSI.
The design characteristics which the ANSI considers to
determine if a fastener is a screw include the
following: the presence of a controlled fillet at the
junction of the head with the body, a smooth and flat
under head bearing surface, the angularity of the under
head bearing surface, a closely controlled body, a
straight shank, concentric threads, the length of the
threads, a specially prepared point on its end, and the
length of the fastener.
HQ 084581, dated August 28, 1990.
After examining the drawings submitted by the protestant,
they indicate that neither of these samples meets any Primary
Criteria. Examination of the protestant's drawings show: 1.
Both fasteners have a controlled fillet. 2. The bearing surface
of both fasteners is smooth and flat with the equivalent of a
washer face to minimize frictional resistance and prevent
scoring. 3. The drawing specifications include close tolerances
for all dimensions including the body diameter. 4. The length
of thread for both fasteners appears to be sufficient to develop
the full strength of the fasteners in tapped holes in various
materials. 5. Both drawings show chamfered points. 6. The
length of both fasteners is to close tolerance.
Examinations of the drawings show that these fasteners meet
six of the nine Supplementary Criteria and they are clearly
screws according to the Criteria. These fasteners are not
standard shoulder screws, but in appearance and function, they
closely resemble shoulder screws. Additionally, both the
fasteners have hex washer heads intended to facilitate torquing
with a wrench. The washer-like flange on the underside of the
head is the functional equivalent of a washer face. We have had
a long-standing practice of treating a washer face, or its
equivalent as a characteristic of screws. See Heads and Threads
v. The United States, 417 F. 2d 637, CAD 960 (1969).
These fasteners are not bolts, anymore than standard
shoulder screws are bolts. It is our opinion that these
fasteners are properly classified under subheading 7318.15.80,
HTSUS, which provides for other steel screws.
HOLDING:
The hex head shoulder bolts are classified in subheading
7318.15.80, HTSUS, which provides for other steel screws.
The protest should be denied. A copy of this decision
should be attached to the Customs Form 19 and mailed to the
protestant as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division