HQ 088413
MAY 3 1991
CLA-2:CO:R:C:M 088413 JAS
Thomas A. Penska
Ameri-Can Customhouse Brokers, Inc.
Peace Bridge Plaza
Buffalo, New York 14213-2488
RE: Machine Screw, Bin Bolt, Hex Flange Bolt
Dear Mr. Penska:
In a letter dated December 20, 1990, on behalf of Leland
Industries Inc., Ontario, you ask that we reconsider a New York
ruling to you on a hex flange screw or bolt from Canada.
FACTS:
The ruling in question, dated October 10, 1990 (856648),
concerned a fastener identified as a hex flange [head] bolt or
bin bolt with head undercut to accommodate a pvc washer. The
fastener was held to be classifiable in subheading 7318.15.8060,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), other screws with hexagonal heads having shanks or
threads with a diameter of 6 mm or more. Leland contends that
the fastener in issue conforms to ANSI standard B 18.6.3 which
designates a slotted hex washer head machine screw of the type
classifiable in subheading 7318.15.4000, HTSUSA.
ISSUE:
Whether the fastener in issue is a machine screw of
subheading 7318.15.4000 or a hex head flange screw of subheading
7318.15.8060.
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
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or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Customs traditionally classifies threaded fasteners
primarily in accordance with their design characteristics. 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 specification B 18.2.1, in comparing
screws and bolts, regards a screw as 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. Again, Customs
distinguishes one bolt or screw type from others based on design
characteristics.
It appears that samples were submitted to New York in
connection with the request that became ruling 856648, but these
samples are not available for our review. However, the fastener
in issue was described in ruling 856648 as being of carbon steel
with a shank diameter of over 6 mm. It was described as having
the appearance of the Industrial Fasteners Institute (IFI)
standard 111, hex flange screw, except that the head was undercut
to accommodate a pvc washer. The concerned national import
specialist examined the sample and stated in ruling 856648 that
it "has a majority of design characteristics which assist its
proper use in a tapped or other preformed hole." This statement
was intended to distinguish the article from a bolt, which is how
it was described in the ruling request.
ANSI B 18.6.3, which Leland relies on, is a designation for
hex washer head machine screws. It illustrates a threaded
fastener with a hex washer head. This is a washer head upon
which a hexagon head (six flat sides with flat top and flat
bearing surface) is formed. The article in issue here is a
threaded fastener with a hex flange head. This is a circular
flange upon which a hex head is formed.
Because of the shape of the head, this fastener has design
characteristics of the hex flange screw illustrated in IFI
designation 111, and not those of a hex washer head machine
screw.
HOLDING:
The fastener referred to as a hexagon flange bolt or bin
bolt is not a machine screw for tariff purposes. It is a hex
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flange screw classifiable under the provision for other screws of
iron or steel, with hexagonal heads, having shanks or threads
with a diameter of 6 mm or more, in subheading 7318.15.8060,
HTSUSA.
EFFECT ON OTHER RULINGS:
New York ruling dated October 10, 1990 (856648) is affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division