HQ 088412
MAY 1 1991
CLA-2:CO:R:C:M 088412 JAS
Farrell Campbell
Mecaero Canada, Inc.
2250 Cohen, St. Laurent
Quebec, Canada H4R 9Z7
RE: Bolt, Screw; Aircraft Fastener
Dear Mr. Campbell:
In a letter dated November 12, 1990, you ask that we confirm
the classification of six (6) fasteners you propose to import
from Canada. National Standards Association drawings were
submitted. Our ruling follows.
FACTS:
Each drawing suggests multiples of the same article
designated by part number; however, only the first page of each
was submitted. Therefore, this ruling is limited to the article
depicted. Drawing NAS 2842 identifies a brazier head bolt. It
is a slotted, round head fastener of steel. It is identical, for
all practical purposes, to the slotted, round head cap screw
illustrated in ANSI standard B 18.6.2. It may also be imported
configured with an optional cross drilled hole in the shank.
This dedicates the fastener to receiving a cotter pin to hold a
nut in place.
Drawing NAS 623 is designated a threaded pan head machine
screw but, in fact, has the closely controlled tolerances and
other characteristics of the cap screw designated in ANSI
standard B 18.6.2.
Drawing MS 21250 designates a 12-point flanged bolt but, in
fact, conforms to the Industrial Fastener Institute (IFI)
standard IFI 115 for 12-point screws. This fastener offers the
cross drilled shank option.
Drawing NAS 3203 designates a bolt-hook or threaded bent
bolt of carbon steel. It conforms to the bent bolt designated by
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IFI standard 136 for studs and bent bolts for pressure-tempering
piping.
Drawing NAS 3303 designates a threaded, strap type U-bolt
of carbon steel. This fastener conforms to IFI standard 136.
Finally, drawing NAS 3003 designates a shear hex head bolt,
presumably of steel. This fastener offers the cross drilled
shank option. It closely resembles the standard hex cap screw
designated in ANSI B 18.2.1.
ISSUE:
Whether the six (6) fasteners are bolts or screws for tariff
purposes.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) 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.
Customs traditionally classifies fasteners primarily in
accordance with their design characteristics. The usual
distinction between a bolt and a screw is that a bolt is fastened
by torquing a nut onto the bolt, whereas a screw is fastened by
torquing the head. This classification criteria has been
reinforced by an American National Standards Institute (ANSI)
specification which establishes a recommended procedure for
determining the identity of an externally threaded fastener as a
bolt or screw. Specifically, ANSI specification B 18.2.1 regards
as a bolt an externally threaded fastener designed for insertion
through holes in assembled parts which, because of head design or
other feature, is prevented from being turned during assembly,
and which can be tightened or released only by torquing a nut. A
screw, on the other hand, is an externally threaded fastener
which has a thread form which prohibits assembly with a nut, has
a straight thread of multiple pitch length and which must be
torqued by its head into a tapped or other preformed hole to
perform its intended function.
Applying these criteria to the merchandise in issue, we find
fasteners represented by drawing NAS 2842 to be classifiable
under the provision for other screws having shanks or threads
with a diameter of less than 6 mm, in subheading 7318.15.6000,
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HTSUSA. If an originating good under the United States-Canada
Free Trade Agreement (CFTA), the rate of duty is 4.3 percent ad
valorem; if the fasteners have shanks or threads with a diameter
of 6 mm or more classification is in subheading 7318.15.8080,
HTSUSA, with reduced duty under the CFTA of 6.6 percent ad
valorem. If imported with cross drilled hole in the shank,
classification will be under the provision for bolts of iron or
steel, in subheading 7318.15.20, HTSUSA, depending on
shank/thread diameter. The rate of duty under the CFTA is 0.4
percent ad valorem.
Fasteners represented by drawing NAS 623 are classifiable as
other screws of iron or steel, in subheadings 7318.15.6000, or
7318.15.8080, HTSUSA, depending on shank/thread diameter. The
rates of duty under the CFTA are as previously indicated.
Fasteners represented by drawing MS 21250 are similarly
classifiable. However, if imported with a cross drilled shank,
they are classifiable as bolts in subheading 7318.15.20, HTSUSA,
depending on shank/thread diameter.
Fasteners represented by drawing NAS 3203 are classifiable
as bolts, in subheading 7318.15.20, HTSUSA, depending on
shank/thread diameter. Fasteners represented by drawing NAS 3303
are similarly classifiable.
Fasteners represented by drawing NAS 3003 are classifiable
as other screws, in subheading 7318.15.6000, or subheading
7318.15.8060, HTSUSA, depending on shank/thread diameter. If
imported with a cross drilled shank, they are classifiable as
bolts in subheading 7318.15.20, HTSUSA, depending on shank/thread
diameter.
HOLDING:
Fasteners from Canada represented by drawings NAS 2842, NAS
623, MS 21250, NAS 3203, NAS 3303 and NAS 3003 are classifiable
under appropriate provisions for bolts, in subheading 7318.15.20,
HTSUSA, or appropriate provisions for screws, in subheadings
7318.15.60 or 7318.15.80, HTSUSA, with reduced rates of duty
under the CFTA for qualifying originating goods.
Sincerely,
John Durant, Director
Commercial Rulings Division