CLA-2:CO:R:C:M 955818 JAS
7318.15.80
District Director of Customs
55 Erieview Plaza, 6th Fl.
Cleveland, OH 44114
RE: PRD 4115-93-100232; Automotive Fasteners, Self-Tapping
Screw, Subheading 7318.14; Bolts, Machine Screws, Studs,
Other Screws and Bolts, Subheading 7318.15; ANSI B 18.2.1;
HQ 951870, HQ 951995
Dear Sir:
This is our decision on Protest No. 4115-93-100232, filed by
counsel on behalf of Toyota Motor Mfg., U.S.A., Inc., against
your action in classifying certain threaded fasteners from Japan.
The entries in question were liquidated on June 25, 1993, and
this protest timely filed on September 23, 1993.
FACTS:
The merchandise under protest is represented by one hundred
forty four (144) samples. They are threaded steel fasteners, in
various configurations, used in automotive applications. These
fasteners were entered under the provision for bolts, in
subheading 7318.15.20, Harmonized Tariff Schedule of the United
States (HTSUS). Based on their respective design
characteristics, the concerned import specialist reclassified
them either as self-tapping screws, in subheading 7318.14, or as
studs or other screws, in subheading 7318.15. Alternatively,
counsel maintains that certain of the fasteners found to be
screws are in fact machine screws of subheading 7318.15.40.
The provisions under consideration are as follows:
7318 Screws, bolts, nuts, coach screws, screw
hooks, rivets, cotters, cotter pins, washers
(including spring washers) and similar
articles, of iron or steel
- 2 -
* * * *
7318.14 Self-tapping screws:
7318.14.10 Having shanks or threads with a diameter of
less than 6 mm...6.2 percent
7318.14.50 Having shanks or threads with a diameter of
6 mm or more...9.5 percent
* * * *
7318.15 Other screws and bolts, whether or not with
their nuts or washers:
7318.15.20 Bolts and bolts and their nuts or washers
entered or exported in the same shipment
...0.7 percent
* * * *
7318.15.40 Machine screws 9.5 mm or more in length and
3.2 mm or more in diameter (not including cap
screws)... 1 cent/kg
* * * *
7318.15.50 Studs...4.7 percent
** * * *
7318.15.60 Other screws and bolts having shanks or
threads with a diameter of less than 6 mm
...6.2 percent
* * * *
7318.15.80 Other screws and bolts having shanks or
threads with a diameter of 6 mm or more
...9.5 percent
ISSUE:
Whether the fasteners, or any of them are bolts for tariff
purposes; whether those that are not are classified in any of the
alternative provisions claimed.
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 - 3 -
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, B 18.2.1, which establishes a recommended
procedure for determining the identity of an externally threaded
fastener as a bolt or screw, using primary and secondary
criteria.
This specification 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. A
stud, on the other hand, is a type of bolt, but is distinguished
from a bolt by its intended service application. Studs are
normally short rods or pins threaded on one or both ends,
sometimes with heads on one end to allow them to be fixed in
place resulting in a protuberance to which other articles may be
suspended or attached by a nut or other means.
As to the application of the primary criteria, while it is
possible to use many of the fasteners in issue with nuts, they
are not necessarily designed for use with a nut. Specification
B 18.2.1 states that because of basic design, it is possible to
use certain types of screws with a nut. The specification states
further that any externally threaded fastener which has the
majority of 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.
All threaded fasteners are made to some recognized standard.
Usually, parts manuals or other literature, and sometimes
drawings, will show how a fastener is used in its intended
service application, i.e., with a nut or by torquing the head.
Typically, fillet radius, head angularity or squareness, shank
straightness, thread concentricity, and length are closely
controlled in screws. Drawings will show dimensions and
tolerances that permit us to accurately apply the secondary
criteria in specification B 18.2.1. -4 -
Whether or not drawings are available, they are not in the
protest file. Lacking this, a visual examination is the only
available means of applying the secondary criteria. The
concerned National Import Specialist undertook a painstaking and
time-consuming visual examination of the submitted samples. This
serves as the basis for the following conclusions. Several of
the samples were found to closely resemble broaching studs,
several to closely resemble weld bolts, commonly known as
projection weld studs, and several with free spinning washers
permanently assembled under the head to be assembled screws or
"sems." We will address each class of fasteners separately.
Broaching studs are classifiable in subheading 7318.15.50,
HTSUS, in accordance with HQ 951995, dated September 15, 1992,
the principles of which are incorporated by reference in this
decision. Projection weld studs are similarly classifiable.
Screw and washer assemblies or "sems" are described in Industrial
Fastener Institute (IFI) specification 531. They are considered
composite articles for tariff purposes, with the fastener portion
clearly imparting the essential character. HQ 951870, dated
January 29, 1993.
Regarding those fasteners classified in liquidation as self-
tapping screws, the Customs Form 6445 cites HQ 951870 as
authority. That decision, in part, concerned a type T thread
cutting tapping screw of the type described in IFI standard 502.
The fastener had a hex head and a fully threaded fluted point
which is not suitable for use with a nut, but rather for removing
cuttings and dirt from the inside of a tapped hole or self formed
hole. Those fasteners classified as self-tapping screws appear
to conform to this description.
The remaining fasteners, including the sems, constitute the
majority of the submitted samples. A visual application of the
secondary criteria in specification B 18.2.1 indicates the
following: they all appear to have a controlled fillet; the
bearing surface of each is smooth and flat with a washer face, or
the equivalent, which serves to minimize frictional resistance
and to prevent scoring; all dimensions including body diameter
appear to be closely toleranced; the thread length of each
appears sufficient to develop the full strength of the fasteners
in tapped holes in various materials; most have prepared points
to facilitate their use in tapped holes; the threads have the
visual appearance of being concentric and the bodies of being
straight; and, all appear to have a thread diameter of 6 mm or
more. These fasteners have the majority of the design
characteristics of screws classifiable in subheading 7318.15.80.
Whether any of the samples have characteristics of machine
screws classifiable in subheading 7318.15.40 is inconclusive
based solely on a visual inspection. Because protestant has - 5 -
identified no recognized machine screw standard to which these
samples are claimed to conform, this claim is not substantiated.
HOLDING:
Under the authority of GRI 1, the fasteners in issue are
provided for in heading 7318. They are classifiable as self-
tapping screws, as studs, and as other screws, as appropriate.
The protest is DENIED. In accordance with Section 3A(11)(b)
of Customs Directive 099 3550-065, dated August 4, 1993, Subject:
Revised Protest Directive, you should mail this decision,
together with the Customs Form 19, to the protestant no later
than 60 days from the date of this letter. Any reliquidation of
the entry or entries in accordance with the decision must be
accomplished prior to mailing the decision. Sixty days from the
date of the decision the Office of Regulations and Rulings will
take steps to make the decision available to Customs personnel
via the Customs Rulings Module in ACS and to the public via the
Diskette Subscription Service, Lexis, the Freedom of Information
Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division