CLA-2 CO:R:C:M 952953 RFA
District Director of Customs
127 N. Water Street
Ogdensburg, New York 13669
RE: Protest No. 0712-92-100778; Bolts; Studs; Fasteners;
7318.15.50; Sleeve Anchors; Expansion Bolts
Dear District Director:
The following is our decision regarding the Protest and
Request for Further Review No. 0712-92-100778, dated July 10,
1992. The protest was filed against your liquidation of the
entry of certain merchandise which was classified in subheading
7318.15.50, Harmonized Tariff Schedule of the United States
(HTSUS).
FACTS:
The merchandise, labeled as a sleeve anchor, is used to
fasten articles to a hardened substance, such as concrete. It
consists of a threaded rod, an expansion sleeve, a washer, and a
nut. The rod measures 2.5 inches in length with a 0.25 inch
diameter and is wedge-shaped on one end with a 0.5 inch diameter.
The expansion sleeve is approximately 2 inches in length and fits
over the rod. After drilling a hole with the same diameter as
the sleeve anchor, the wedge-shaped end is inserted into the
hole. As the nut is torqued to the base of the concrete, it
forces the expansion sleeve down to the tapered end, thereby
forcing the sleeve to flare out or expand, securing the article
firmly to the concrete.
The merchandise was entered under subheading 7318.15.20,
HTSUS, which provides for bolts. However, you liquidated the
entry under the provision for studs under subheading 7318.15.50,
HTSUS.
ISSUE:
Are the sleeve anchors classifiable as bolts under the
HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
The respective provisions for bolts and for studs describe a
commodity eo nomine, by name. A tariff term that is not defined
in the HTSUS or in the EN's is construed in accordance with its
common and commercial meaning. Nippon Kogasku (USA) Inc. v.
United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and
commercial meaning may be determined by consulting dictionaries,
lexicons, scientific authorities and other reliable sources. C.J.
Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982).
After consulting many dictionaries, the court in A.L.
Liebman & Son, Inc. v. United States, 65 Cust. Ct. 85, 90, C.D.
4059 (1970), held "that bolts have a great variety of shapes,
forms, and applications. It appears that the essential
characteristics of a bolt are: (1) it must be in the shape of a
pin or rod; and (2) it must be designed to fasten or hold
something in place." It is our understanding based upon
information developed by the concerned NIS that sleeve anchors
are known by their commercial designation as expansion bolts.
The expansion bolt fasteners are available in various sizes and
are designed to anchor something in place. The tariff term for
bolts includes all types and shapes of bolts.
Under the Tariff Schedules of the United States (TSUS), the
precursor to the HTSUS, we have consistently held that expansion
bolt fasteners were classifiable under item 646.54, TSUS (the
precursor provision to subheading 7318.15.20, HTSUS), which
provided for bolts. See HQ 064456 (September 8, 1980). Congress
has indicated that earlier rulings must not be disregarded in
applying the Harmonized Code. The conference report to the
Omnibus Trade Bill states that on a case by case basis prior
decisions should be considered instructive in interpreting the
HTSUS, particularly where the nomenclature previously interpreted
in those decisions remains unchanged and no dissimilar
interpretation is required by the text of the HTSUS. H.Rep No.
100-576, 100th Cong., 2D Sess. 548 (1988) at 550.
The description for bolts under HTSUS does not materially
differ from item 646.54, TSUS, which provides for bolts and bolts
and their nuts imported in the same shipment. Therefore, we find
that expansion bolts are classifiable under subheading
7318.15.20, HTSUS, which provides for: "[s]crews, bolts, nuts,
coach screws,. . .washers (including spring washers) and similar
articles, of iron and steel: [t]hreaded articles: [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. . ."
HOLDING:
The submitted merchandise is classifiable under subheading
7318.15.20, HTSUS, which provides for: "[s]crews, bolts, nuts,
coach screws,. . .washers (including spring washers) and similar
articles, of iron and steel: [t]hreaded articles: [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 column 1, general rate of duty is 0.7 percent
ad valorem.
The protest should be granted in full. A copy of this
decision should be attached to Customs Form 19 and provided to
the protestant as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division