CLA-2:CO:R:C:M 951995 JAS
District Director of Customs
Patrict V. McNamara Bldg.
477 Michigan Avenue
Detroit, Michigan 48266
RE: Broaching Stud; Subheading 7318.15.50; Knurl Bolt,
Connecting Rod Bolt; Subheading 7318.15.20, HTSUS;
Threaded Fastener for Axle Assembly; Bolt Differential
Carriers; PRD 3801-91-102446
Dear Sir:
This is our decision on Application for Further Review of Protest No. 3801-91-102446, dated September 5, 1991, filed on behalf of Fastac Inc., against your action in liquidating an entry of threaded fasteners from Japan.
FACTS:
The article in question is described on the Customs Form 6445 as a knurl bolt (bolt differential carrier) M10X1.25X1.25X36. A submitted sample is a steel fastener measuring 1 9/16 inches long with a round head and flat end. It has a 5/16 inch longitudinal thread under the head, a 1/2 inch thread at the other end and a 5/16 inch body in the middle.
Entry was made under the provision for bolts and bolts and their nuts or washers entered or exported in the same shipment, in subheading 7318.15.20, Harmonized Tariff Schedule of the United States (HTSUS). Protestant states that these fasteners cannot be torqued by the head but are used to attach two parts or components by assembling with a nut; this service application conforms with the accepted industry standard for bolts.
You liquidated the entry under the provision for studs, in subheading 7318.15.50, HTSUS, because it has a knurled neck which is fixed in place by pressing the ribbed neck into a predrilled hole to provide a threaded protuberance to which something is attached by means of a nut. - 2 -
ISSUE:
Whether the steel fastener in issue is a stud or a bolt for tariff purposes.
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.
Information developed by the concerned NIS contradicts the protestant's claim and indicates that the differential gears in an automobile are enclosed by a two-part cover. Each half of the cover has a flange with eight (8) drilled holes around its perimeter. In use, one fastener is machine-pressed into each of the holes on one half of the cover with the threaded ends protruding. The head design coupled with the longitudinal threads anchor the subject fasteners in the holes and keep them - 3 -
from turning during tightening. The second half of the cover is then placed over the threaded ends of the fasteners and the two halves attached by means of nuts. These articles, therefore, are designed to be fixed in place to provide a threaded protuberance to which other things can be attached by means of nuts or otherwise. They are therefore within the common meaning of the term stud.
HOLDING:
Under the authority of GRI 1, the fasteners in issue are articles similar to bolts provided for in heading 7318. They are classifiable in subheading 7318.15.50, HTSUS, as studs.
The protest should be denied. A copy of this decision should be attached to the Customs Form 19 and mailed to protestant, through his broker, as part of the notice of action on the protest.
Sincerely,
John Durant, Director
Commercial Rulings Division