CLA-2 R:C:M 956811 JAS
District Director of Customs
110 South 4th. Street, Rm. 154
Minneapolis, MN 55401
RE: PRD 3501-93-100390; Threaded Fasteners; Hex Head Bolt, Hex
Head Structural Bolt; Square Neck Bolt, 7318.15.20; Hex
Socket Cap Screw, Cap Screw With Washer Face, Heads and
Threads, Inc. v. United States
Dear District Director:
This is our decision on Protest 3501-93-100390, filed against
your classification of certain threaded fasteners. The entry
under protest was liquidated on May 28, 1993, and this protest
timely filed on August 25, 1993.
FACTS:
The fasteners in issue are represented by five (5) samples
designated DIN 931, 933, 960, 961 and 912. They were entered
under subheading 7318.15.20, Harmonized Tariff Schedule of the
United States (HTSUS), as bolts and bolts and their nuts or
washers entered or exported in the same shipment. You determined
that each of these fasteners had a washer face on the underside
of the head and that they conformed to a recognized standard for
screws. You reclassified these fasteners as screws, in subheading
7318.15.60 or subheading 7318.15.80, HTSUS, depending on shank or
thread diameter. Two other fasteners, the mushroom head square
neck bolt, designated DIN 603, and the hex head structural bolt,
designated DIN 6914, were liquidated as entered, under the
provision for bolts, in subheading 7318.15.20. These fasteners
are not in issue here.
Protestant contends the fasteners are classifiable as bolts
because (1) they must be used with hex nuts in order to perform
their intended service application; and, (2) screws are generally
threaded throughout their length whereas bolts generally have a
part of their shank unthreaded. Three of the five samples in
contention here have a portion of their shanks threaded.
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:
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 ...0.6 percent
Other:
7318.15.60 Having shanks or threads with a diameter of
less than 6 mm...6.2 percent
7318.15.80 Having shanks or threads with a diameter of 6
mm or more...9.3 percent
ISSUE:
Whether the threaded fasteners in issue, or any of them, are
bolts 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.
Customs is of the opinion that the most objectively
verifiable standard for differentiating one type of threaded
fastener from another is by dimensional standards specified by or
on behalf of the industry in which these fasteners are used.
However, when there is no industry standard available to cover a
particular fastener, Customs relies on a more general
specification which establishes a recommended procedure for
determining the identity of an externally threaded fastener. In
cases where a particular fastener does not fall squarely within a
recognized standard, we will classify it according to the
standard to which it most closely conforms or in accordance with
the majority of its design characteristics.
We are aware of no specific industry standard that covers the
fasteners in this protest. In such cases the recommended
procedure for differentiating bolts from screws is set forth in
American National Standards Institute/American Society of
Mechanical Engineers (ANSI/ASME) standard B18.2.1 (1981).
ANSI/ASME standard B18.2.1 specifies primary and
supplementary criteria to be applied in determining whether a
particular threaded fastener is a bolt or a screw. This
specification states that any fastener satisfying one of the
primary criteria shall be identified accordingly, and no further
examination need be made. The concerned National Import
Specialist performed a thorough physical examination of the five
samples in issue and determined that they did not meet any of the
primary criteria in standard B18.2.1. Specifically, while it may
be possible to use these fasteners with a nut, they are not
necessarily designed for use with a nut. Standard B18.2.1 states
that because of basic design, it is possible to use certain types
of screws in combination with a nut. The standard 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. The National Import Specialist then
determined that the samples conformed to at least seven of the
nine supplementary criteria for screws. We agree that this
analysis is accurate.
In addition, steel cap screws and bolts are provided for at
the eight digit level under the HTSUS. Thus, United States tariff
history is useful in determining the scope of the respective
provisions. In Heads and Threads, Inc. v. United States, C.D.
3412, aff'd. C.A.D. 960 (1969), the court sanctioned Customs
practice under the HTSUS predecessor tariff code, the Tariff
Schedules of the United States (TSUS), of distinguishing cap
screws from bolts by the presence of a washer face or its
equivalent on the underside of the head of the screw. The sample
fasteners in issue all have a washer face or its equivalent on
the underside of their heads.
HOLDING:
Under the authority of GRI 1, fasteners represented by the
samples designated DIN 931, 933, 960, 961 and 912 are provided
for in heading 7318. They are classifiable as screws, in
subheadings 7318.15.60 or 7318.15.80, HTSUS, depending on shank
or thread diameter. Fasteners represented by samples designated
DIN 603 and 6914 are also provided for in heading 7318. They are
classifiable as bolts, in subheading 7318.15.20, HTSUS, as
entered.
The protest should be ALLOWED as to fasteners represented by
samples DIN 603 and DIN 6914. The protest should be DENIED as to
fasteners represented by samples designated Din 931, 933, 960,
961 and 912.
In accordance with Section 3A(ll)(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, the Freedom of Information Act and other public access
channels.
Sincerely,
John Durant, Director
Commercial Rulings Division