CLA-2: OT:RR:CTF:TCM H100095 DSR
Port Director
Cleveland Service Port
U.S. Customs and Border Protection
6747 Engle Road
Middleburg Heights, OH 44130
ATTN: Russell Hack, Import Specialist
Re: Application for Further Review of Protest No. 4101-09-100209; classification of steel fasteners
Dear Port Director:
This is in response to the Application for Further Review (“AFR”) of Protest No. 4101-09-100209, timely filed by National Threaded Fasteners (“Protestant”). The protest concerns the classification of four types of steel fasteners under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
This protest concerns 53 entries of steel fasteners that occurred between July 15, 2008, and August 28, 2009. The four types of fasteners are described by Protestant in the accompanying protest documents as (1) hex flange screws; (2) metric hex flange bolts; (3) hex serrated flange screws; and (4) metric hex serrated flange bolts.
* * *
The fasteners described as “hex flange screws” consist of grade 5, grade 8 and grade 8.2 fasteners. A representative sample of the fasteners has been submitted and shows that the fasteners are fully threaded with uniform threads, have chamfered points
and unslotted hexagonal flange heads. They are designed to fit into pre-threaded holes. Protestant has submitted technical drawings depicting “Grade 8 Flange Screws” and “Grade 5 Hex Flange Screws.” The fasteners are imported in six diameters, with lengths encompassing the following ranges:
Diameter (inches)
Lengths (inches)
¼
½ – 3
5/16
½ – 3
3/8
5/8 – 4
7/16
1 – 3
½
¾ – 5
5/8
1¼ – 6
¾
1½ – 6
The fasteners described as “metric hex flange bolts” include class 8.8 (BF88), class 10.9 (BF10) and class 12.9 (BF12) fasteners and are referred to in the submitted technical drawings (which read “for reference purposes only” and “not to be used in the mfg. process”) as “Class 10.9 Flange Bolts” and “Class 10.9 JIS Hex Flange Bolts.” A representative sample of the fasteners has been submitted and indicates that the fasteners are fully threaded with uniform threads, have chamfered points and unslotted hexagonal flange heads. They are designed to fit into pre-threaded holes. They are imported in six diameters, with lengths encompassing the following ranges:
Diameter (metric)
Lengths (mm)
M5
10 – 20
M6
10 – 60
M8
12 – 80
M10
16 – 80
M12
20 – 100
M16
35 – 120
The items identified as “hex serrated flange screws” are referred to in the submitted technical drawings (which read “for reference purposes only” and “not to be used in the mfg. process”) as “Grade 5 Serrated Flange Screws (Indented Head – Full Thread),” “Grade 8 Serrated Flange Screws (Indented Head – Full Thread)” and “Grade 5 Serrated Large Flange Screws (Indented Head – Full Thread).” A representative sample
of the fasteners has been submitted and indicates that the fasteners are fully threaded with uniform threads, have chamfered points and unslotted hexagonal flange heads with serrations under the flanges. They are designed to fit into pre-threaded holes. The imported sizes range in diameter from #10 to 5/8”. The fasteners range in length from 3/8” (10 mm) to 3” (75 mm).
The fasteners described as “metric hex serrated flange bolts” consist of class 8.8, class 10.9 and class 12.9 fasteners. The submitted technical drawing (which reads “for reference purposes only” and “not to be used in the mfg. process”) refers to “Class 8.8 Serrated Flange Bolts (Full Thread).” A representative sample of the fasteners has been submitted and indicates that the fasteners are fully threaded with uniform threads, have chamfered points and unslotted hexagonal flange heads with serrations under the flanges. They are designed to fit into pre-threaded holes. They are imported in four diameters, with lengths encompassing the following ranges:
Diameter (metric)
Lengths (mm)
M6
12 – 30
M8
16 – 40
M10
20 – 50
M12
25 – 60
Protestant asserts that the “hex flange screws” and “metric hex flange bolts” are properly classified under subheading 7318.15.20, HTSUS as bolts, and that the “hex serrated flange screws” and “metric hex serrated flange bolts” are properly classified under subheading 7318.15.40, HTSUS, as machine screws.
All of the subject fasteners were entered at the Cleveland, OH, Service Port. The fasteners identified as “hex flange screws” were entered as bolts under subheading 7318.15.20, HTSUS, between August 6, 2008, and May 18, 2009. CBP liquidated the entries containing those fasteners between August 7, 2009, and September 4, 2009, under subheadings 7318.15.60 and 7318.15.80, HTSUS, as other screws of iron or steel having shanks or threads with a diameter of less than 6 mm, and other screws of iron or steel having shanks or threads with a diameter of 6 mm or more, respectively.
The fasteners identified as “metric hex flange bolts” were entered as bolts under subheading 7318.15.20, HTSUS, between August 6, 2008, and May 18, 2009. CBP liquidated the entries containing those fasteners between August 7, 2009, and September 4, 2009, under subheadings 7318.15.60 and 7318.15.80, HTSUS, as other screws of iron or steel having shanks or threads with a diameter of less than 6 mm, and other screws of iron or steel having shanks or threads with a diameter of 6 mm or more, respectively.
The fasteners identified as “hex serrated flange screws” were entered as machine screws under subheading 7318.15.40, HTSUS, between July 15, 2008, and August 28, 2009. CBP liquidated the entries containing those fasteners between August 7, 2009, and September 9, 2009, under subheadings 7318.15.60 and 7318.15.80, HTSUS, as other screws of iron or steel having shanks or threads with a diameter of less than 6 mm, and other screws of iron or steel having shanks or threads with a diameter of 6 mm or more, respectively.
The fasteners identified as “metric hex serrated flange bolts” were entered as machine screws under subheading 7318.15.40, HTSUS, between October 13, 2008, and May 18, 2009. CBP liquidated the entries containing those fasteners on August 28 and September 4, 2009, under subheading 7318.15.60 and 7318.15.80, HTSUS, as other screws of iron or steel having shanks or threads with a diameter of less than 6 mm, and other screws of iron or steel having shanks or threads with a diameter of 6 mm or more, respectively.
ISSUE:
Whether the fasteners are classified under (1) subheading 7318.15.20, HTSUS, which covers, in relevant part, bolts with hexagonal heads; (2) subheading 7318.15.40, HTSUS, which covers, in relevant part, machine screws of iron or steel (not including cap screws); (3) subheading 7318.15.60. HTSUS, which covers, in relevant part, other threaded screws and bolts of iron or steel having shanks or threads with a diameter of less than 6 mm; or (4) subheading 7318.15.80, HTSUS, which covers, in relevant part, other threaded screws and bolts of iron or steel having shanks or threads with a diameter of 6 mm or more?
LAW AND ANALYSIS:
Initially, we note that the subject matter is protestable under 19 U.S.C. §1514(a)(2) as a decision on classification. The protest was timely filed on October 21, 2009, which was within 180 days of liquidation of the entries. See 19 U.S.C. § 1514(c)(3). Further review is properly accorded to the protest pursuant to 19 C.F.R. 174.24(b), because the decision against which the protest was filed is alleged to involve questions of law or fact which have not been ruled upon by the Commissioner of CBP or his designee, or by the customs courts. Specifically, the question of the classification of the merchandise was an issue of first impression at the time the protest was filed.
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely based on GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order. In addition, in interpreting the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS at the international level. See T.D. 89 80, 54 Fed. Reg. 35127 (August 23, 1989).
The 2008 HTSUS provisions under consideration in this case 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:
Threaded articles:
* * *
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
* * *
7318.15.40 Machine screws 9.5 mm or more in length and 3.2 mm or more in diameter (not including cap screws).
* * *
Other:
* * *
7318.15.60 Having shanks or threads with a diameter of less than 6 mm.
* * *
7318.15.80 Having shanks or threads with a diameter of 6 mm or more.
* * * *
First, Protestant asserts that the “hex flange screws” and “metric hex flange bolts” are bolts, claiming that the dimensions of the fasteners follow international fastener standards Deutsches Insititut für Normung e.V. (DIN; the German Institute for Standardization) 6921, International Standards Organization (ISO) 4162, and Japanese Industrial Standard (JIS) B1189, all of which refer to a hex flange fastener as a “bolt.” However, no evidence has been submitted to indicate that the fasteners fit within the dimensions of those specific standards. Protestant also asserts the fasteners are intended to be used as flange bolts by being inserted between frame rails and fastened into place with mating flange nuts, and has submitted a page from the Earnest Technical Library, which states that hex flange screws are also called “bolts.” Protestant believes that, under heading 7318, HTSUS, although a fastener may exhibit the characteristics and capabilities of a screw, it may also be classified as a bolt if it is used in a certain way.
The terms “screw” and “bolt” are not defined in either the HTSUS or its legislative history. The meaning of a tariff term, a matter of statutory construction, presents a question of law. Bausch & Lomb, Inc. v. United States, 148 F.3d 1363, 1366 (Fed. Cir. 1998). When, as in this case, a tariff term is not defined in either the HTSUS or its legislative history, "the term's correct meaning is its common meaning." Mita Copystar America v. United States, 21 F.3d 1079, 1082 (Fed. Cir. 1994). The common meaning of a term used in commerce is presumed to be the same as its commercial meaning. Simod America Corp. v. United States, 872 F.2d 1572, 1576 (Fed. Cir. 1989). To ascertain the common meaning of a term, a court may consult "dictionaries, scientific authorities, and other reliable information sources" and "lexicographic and other materials." C.J. Tower & Sons v. United States, 69 C.C.P.A. 128, 673 F.2d 1268, 1271 (1982); Simod at 1576. We also note the following:
In conformance with the general organization of the tariff schedule, heading 7318 encompasses a number of like items. And like all tariff headings, heading 7318 is broken out into six and eight digit subheadings for classification of articles thereunder. In particular, six-digit subheading 7318.15 applies to both "other screws" and "bolts." The first eight-digit provision under that subheading, 7318.15.20, applies only to bolts. For purposes of classification under 7318.15, then, Congress clearly considered bolts and screws to be different articles, and intended Customs to classify them under separate provisions. As a corollary to this, a fastener cannot be both a bolt and a screw, but must be one or the other.
Rocknel Fasteners v. United States, 24 C.I.T. 900, 903, 118 F. Supp. 2d 1238, 1241 (2000). Furthermore, subheading 7318.15, HTSUS, is neither an actual use nor a principal use provision and generally, use is not considered unless use is part of the definition of the classification or use is otherwise suggested. See North American Processing Co. v. United States, 23 C.I.T. 385, 56 F. Supp. 2d 1174, 1180 (1999) (citing Ruth Sturm, Customs Law & Administration § 53.2, 11-12 (Supp. 1995)). Thus, how Protestant uses the subject fasteners (assembled with nuts) has no bearing on the common and commercial meaning of bolt and screws. See Carl Zeiss, Inc. v. United States, 195 F.3d 1375, 1379 (C.A.F.C. 1999) (refusing to narrow a provision for microscopes to only those used in research and industry because "a use limitation should not be read into an eo nomine provision unless the name itself inherently suggests a type of use").
With regard to the definition of “bolt” in the Earnest Technical Library proffered by Protestant, and to the cited international DIN, JIS and ISO standards, CBP’s Informed Compliance Publication Distinguishing Bolts from Screws (March 2009) explains that CBP “uses fastener industry standards to distinguish bolts from screws. Often, however, many fasteners are found to be hybrids. That is, they have design characteristics of different fastener types for which no one fastener standard exists. When we have no dimensional standard, we go to ‘Specification for Identification of Bolts and Screws,’ [American National Standards Institute/American Society of Mechanical Engineers (“ANSI/ASME”) publication] B18.2.1 (1981),” which has been sanctioned by the Court of International Trade as “provid[ing] a well-recognized, comprehensive basis for the common and commercial meaning of bolt and screw as understood by the fastener industry in the United States.” 24 C.I.T. at 906, 118 F.Supp. 2d at 1243 (2000). The court in Rocknel also implicitly rejected the claim that an international standard should be applied.
ANSI B18.2.1 begins with two general definitions:
Bolt: A bolt is an externally threaded fastener designed for insertion through holes in assembled parts, and is normally intended to be tightened or released by torquing a nut
Screw: A screw is an externally threaded fastener capable of being inserted into holes in assembled parts, of mating with a preformed internal thread or forming its own thread, and of being tightened or released by torquing the head.
ANSI B18.2.1, §§ 2.1, 2.2. “Because of basic design, it is possible to use certain types of screws in combination with a nut. Any externally threaded fastener which has a majority of the 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.” Distinguishing Bolts from Screws, §II(3). What often causes confusion when determining whether a fastener is a screw or a bolt is that some screws may be used with nuts but, if they are threaded sufficiently, do not require nuts in order to fulfill their intended purposes.
The standards contained in ANSI/ASME B18.2.1 are consolidated into two types of criteria (Primary and Supplementary) in Distinguishing Bolts from Screws, §II(4), and their application is described as follows:
“The Primary Criteria (5.1 thru 5.4) shall be applied first. Any fastener which satisfies one of the Primary Criteria shall be identified accordingly, and no further examination need be made. The Supplementary Criteria (6.1 through 6.9, and not listed in order of importance or priority of application) shall be applied to a fastener which does not satisfy completely any one of the Primary Criteria. The Supplementary Criteria detail the principal features in the design of an externally threaded fastener which contribute to its proper use as a screw. A fastener having a majority of these characteristics shall be identified as a screw.”
(Emphasis added). Protestant states that each of the Primary Criteria is met for both the “hex flange screw” and “metric hex flange bolt.”
Primary Criteria 5.1 states that an externally threaded fastener which because of head design or other feature, is prevented from being turned during assembly, but which can be tightened or released only by torquing a nut, is a bolt. Protestant asserts that although the fasteners do not have a head design that prevents turning, the fasteners are intended to be torqued by a nut. We disagree. The fasteners in question do not meet those requirements because, although they can be tightened or released by torquing a nut, dependent upon how their users intend to use them, that method is not the only way to do so. They can also be tightened or released by torquing their heads. Additionally, the criterion clearly requires that a fastener be incapable of being turned during assembly. Because of this, they do not meet Primary Criteria 5.1 and cannot be identified as bolts.
Primary Criteria 5.2 states that an externally threaded fastener which has a thread form which prohibits assembly with a nut, having a straight thread of multiple pitch length, is a screw. The examples given by Primary Criteria 5.2 include wood screws and tapping screws. Here, the subject fasteners can be assembled with nuts and, thus, we conclude that Primary Criteria 5.2 is not met.
Primary Criteria 5.3 states that a fastener that must be assembled with a nut to perform its intended service is a bolt. The example given is that of a heavy hex structural bolt, which is used in structural bolting applications requiring the use of a structural nut to complete the connection. Here, the subject fasteners are fully threaded and are capable of being tightened in position without a nut. Without additional evidence that clearly shows that the fasteners must be assembled with nuts, we are unable to conclude that Primary Criteria 5.3 has been met.
Primary Criteria 5.4 states that an externally threaded fastener that must be torqued by its head into a tapped or other preformed hole to perform its intended service is a screw. The example given is that of a square head set screw. Here, the subject fasteners are capable of being torqued by their heads but can also be torqued by a nut (when nuts are turned onto their shanks). Therefore, it cannot be said that the fasteners must be torqued by their heads in order to perform their intended service, and Primary Criteria 5.4 is not met.
Because none of the Primary Criteria have been met, we must resort, then, to the Supplementary Criteria to classify the “hex flange screws” and “metric hex flange bolts.”
Supplementary Criteria 6.1 states that a screw should have a controlled fillet at the junction of the head with the body. A controlled fillet assures solid seating of the head. Technical drawings normally verify a controlled fillet (the concave junction of the head and shank) radius on a screw by verifying maximum and minimum limits. The submitted technical drawings for the “hex flange screws” indicate only the minimum limits for the fillets and we are unable to otherwise verify if the subject fasteners possess controlled fillets. The submitted technical drawings for the “metric hex flange bolts” do not specify either maximum or minimum limits for fillet radius and, in any event, state that they are not to be used in the manufacturing process. We are unable to otherwise verify if the subject fasteners possess controlled fillets.
With regard to Supplementary Criteria 6.2, which addresses the bearing surfaces of fasteners, the bearing surfaces of the subject fasteners are smooth and flat, meeting the Criteria. They also possess washer-like flanges that are the functional equivalent of a washer face. The United States Customs Court (the predecessor of the United States Court of International Trade) has sanctioned CBP’s longstanding practice of identifying a fastener as a cap screw (and distinguishing it from a bolt) based upon the presence of a washer face or its equivalent on the underside of the fastener’s head. Heads and Threads, Div. of MSL Industries, Inc. v. United States, 60 Cust. Ct. 430, 434, 285 F. Supp. 173, 177 (C.C.S.D. 1968) (referencing the exclusionary use of the term “cap screw” under the TSUS heading of “screws” as indicative of legislative intent to treat cap screws as screws and not bolts); see also HQ 959280, dated December 19, 2000. Additionally, the exclusionary language cited in Heads and Threads precludes the cap screws from being considered machine screws.
Supplementary Criteria 6.3 states that the angularity (squareness) of the under head bearing surface with the shank of a screw should be controlled to minimize eccentric loading in the screw or assembled parts and to assure complete seating and uniform under head bearing pressure. The fasteners appear to have closely controlled head angularity. That is, the angle created at the junction of the under head bearing surfaces and the shanks appear to be square or nearly square.
Supplementary Criteria 6.4 states that the body of a screw should be closely controlled in accuracy of size and roundness and, to fit effectively through a minimum clearance hole, the body diameter must have close tolerances, preferably unilateral on the minus side. We cannot say that the fasteners meet Supplementary Criteria 6.4 concerning the size, roundness and diameters of their bodies because the body of a threaded fastener is defined as the unthreaded portion of the shank and the subject fasteners are fully threaded.
Supplementary Criteria 6.5 states that the shank of a screw should be particularly straight to permit ready engagement with an internal thread, to prevent eccentric loading in the fastener or in the assembled parts, and to minimize interference with the walls of a minimum clearance hole. The subject fasteners appear to possess straight shanks.
Supplementary Criteria 6.6 states that the threads of a screw should be concentric with the body axis. The subject fasteners possess such concentric threads.
Supplementary Criteria 6.7 states that the length of thread on a screw must be sufficient to develop the full strength of the fastener in tapped holes in various materials. The subject fasteners are fully threaded, which is indicative of sufficient length to develop the fasteners’ full strength and is characteristic of screws.
Supplementary Criteria 6.8 states that the fasteners should have a chamfered, or other specially prepared point at its end, to facilitate entry into the hole and easy start with the internal thread. The ends of the shanks of the subject fasteners are chamfered, which is characteristic of screws.
Supplementary Criteria 6.9 states that the length of a screw should be closely toleranced with variance preferably unilateral on the minus side to prevent bottoming of the fastener in a tapped hole. We are unable to determine if the subject fasteners possess lengths of close tolerance and thus meet Criteria 6.9.
In conclusion, the fasteners meet six of the nine Supplementary Criteria that can be identified, and possess a defining characteristic that CBP has traditionally attributed to cap screws. Based upon the above, we conclude that the fasteners identified as “hex flange screws” and “metric hex flange bolts” are identifiable as screws – in particular, cap screws – and are classifiable under subheading 7318.15.80, HTSUS, as other screws of iron or steel with shanks or threads with a diameter of 6 mm or more, and are dutiable at 8.5% ad valorem. For those fasteners having shanks or threads with a diameter of less than 6 mm, the classification would be under subheading 7318.15.60, HTSUS.
* * *
The fasteners described as “hex serrated flange screws” and “metric hex serrated flange bolts” also do not meet the Primary Criteria discussed above. They do, however, meet five of the same six Supplementary Criteria met by the “hex flange screws” and “metric hex flange bolts” (with the exception of Supplementary Criteria 6.2 because their bearing surfaces are not smooth due to the additional feature of locking serrations) and are thus classifiable as screws.
Protestant does not dispute that the fasteners are screws. However, Protestant asserts that the screws are classifiable as machine screws under subheading 7318.15.40, HTSUS, as opposed to “other screws …” under subheading 7318.15.60 or 7318.15.80, HTSUS.
There is no specific tariff heading or subheading for “hex serrated flange screws” or “metric hex serrated flange bolts.” As an eo nomine provision, the term “machine screws” in subheading 7318.15.40, HTSUS, covers all forms of the described merchandise and is not circumscribed by any limiting language. “It is well established that an eo nomine provision includes all forms of the named article unless Congress indicates to the contrary.” See National Advanced Systems v. United States, 26 F. 3d 1107, 1111 (Fed. Cir. 1994). However, the term “machine screw” is neither defined in the tariff nor in its legislative history. The only guidance in the tariff for classification of an article as a machine screw is contained in subheading 7318.15.40, HTSUS, which covers “Machine screws 9.5 mm or more in length and 3.2 mm or more in diameter (not including cap screws).” When a tariff term is not defined by the HTSUS or the legislative history, its correct meaning is its common, or commercial, meaning. Rocknel at 1356. "To ascertain the common meaning of a term, a court may consult 'dictionaries, scientific authorities, and other reliable information sources' and 'lexicographic and other materials.' " Id. (quoting C.J. Tower & Sons of Buffalo, Inc. v. United States, 673 F.2d 1268, 1271, 69 C.C.P.A. 128 (C.C.P.A. 1982); Simod Am. Corp. v. United States, 872 F.2d 1572, 1576 (Fed. Cir. 1989)).
The American Heritage College Dictionary (4th Ed. 2002) defines the term “machine screw” as a “screw with a thread along the entire length of the shaft.” The Complete Illustrated Guide to Everything Sold in Hardware Stores (1998) describes a machine screw as being “threaded along its entire length, it has a flat tip, a round or flat head, and is designed primarily to be screwed into pre-threaded holes in metal, though of course it works with nuts too …”
We believe that the existence of flanges would normally remove the screws from consideration as machine screws because the flanges are equivalent to washer faces on the undersides of the heads. Flanges act in the same way that washers do, which is to distribute the load under the screw head, and a flange head would be considered a cap screw. See Heads and Threads, supra. However, the serrations present on the screws eliminate the otherwise smooth bearing surfaces (created by their washer faces) and, accordingly, the flange heads with serrations on their undersides do not eliminate the screws from consideration as machine screws.
Inch standards for machine screws are provided for in Slotted and Recessed Head Machine Screws, ANSI/ASME B18.6.3 (2003). The standards state that hex head machine screws shall have a flat or indented top surface, six flat sides and a flat bearing surface. Additionally, they may be fully threaded with uniform threads and, unless specified, shall have plain, sheared points. ANSI/ASME B18.6.3, §§ 1.2.9, 2.3.1, 2.4.1, 2.5. The inch standards also provide for hex washer head machine screws, which share the same defining characteristics of hex head machine screws, but with the additional characteristic of washer heads. Id. at §1.2.10.
The inch “hex serrated flange screws” fall within the sizes covered by B18.6.3, and possess many of the defining characteristics of machine screws in that they have indented top surfaces, six flat sides and flat bearing surfaces. They are also fully threaded with uniform threads. They possess chamfered points but B18.6.3 does not require that machine screws possess sheared points in all cases. The “hex serrated flange screws” have the additional feature of locking serrations and flange heads. Standard B18.6.3 makes no mention of flange heads or locking serrations.
Protestant asserts that locking serrations are acceptable features that are commonly used in the fastener industry on machine screws that merely enhance the performance of the subject screws as an anti-loosening feature, and do not change the essential, defining characteristics of the screws, i.e., the silence of ANSI/ASME B18.6.3 cannot be interpreted as a prohibition on the use of serrations on “machine screws.” Protestant has also provided submissions from multiple industry experts that have served on various fastener design committees offering their professional opinions that the hex flange head screws with serrations are recognized in the industry as machine screws. We agree with Protestant that ANSI/ASME B18.6.3 is silent on the matters of serrations, and find that it does not explicitly prohibit the use of serrations on “machine screws.”
Therefore, we conclude that the inch “hex serrated flange screws” meet the common and commercial meaning of “machine screw.” They (1) meet the dimensions contained in ANSI/ASME B18.6.3; (2) possess indented top surfaces, six flat sides and flat bearing surfaces; and (3) are fully and uniformly threaded along their lengths. As such, they are classifiable under subheading 7318.15.40, HTSUS, as machine screws 9.5 mm or more in length and 3.2 mm or more in diameter.
* * *
ANSI/ASME B18.6.7M is a designation for metric hex flange head machine screws, among others. It covers, in relevant part, fully-threaded metric hex flange head machine screws ranging in size from M2 x 0.4 thru M12 x 1.75. In addition, “[t]he hex flange head shall have an indented top surface and six flat sides formed integrally with a frustoconical or slightly rounded (convex) flange which projects beyond the sides and provides a flat bearing surface,” and plain sheared ends, unless otherwise specified. ANSI/ASME B18.6.7M, §§ 1.3.5, 2.5.
The screws described by Protestant as “metric hex serrated flange bolts” also possess the above features (with the exception of plain, sheared ends), but with the additional feature of locking serrations on the flat bearing surface. The standards make no mention of locking serrations.
Protestant asserts that locking serrations are acceptable features that are commonly used in the fastener industry, and do not remove the subject screws from consideration as “machine screws,” and are thus classifiable in subheading 7318.15.40, HTSUS. According to Protestant and the statements of fastener industry experts retained by Protestant, serrations merely enhance the performance of the “metric hex serrated flange bolts” as an anti-loosening feature, and do not change the essential, defining characteristics of the fasteners, i.e., the silence of ANSI/ASME B18.6.7M cannot be interpreted as a prohibition on the use of serrations on “machine screws.”
We agree that metric standard ANSI/ASME B18.6.7M is silent on the matter of serrations and does not explicitly prohibit the use of serrations on metric machine screws. While the serrations on the undersides of the fasteners preclude them from having flat bearing surfaces, the “metric hex serrated flange bolts” meet the dimensional standards contained in ANSI/ASME B18.6.7M and are fully-threaded with indented top surfaces and “six flat sides formed integrally with a frustoconical or slightly rounded flange which projects beyond the sides …”
Thus, we find that the fasteners described as “metric hex serrated flange bolts” are classifiable under subheading 7318.15.40, HTSUS, as machine screws 9.5 mm or more in length and 3.2 mm or more in diameter.
HOLDING:
You are instructed to DENY the protest with regard to the items described as “hex flange screws” and “metric hex flange bolts.” By application of GRI 1, the screws described as “hex flange screws” and “metric hex flange bolts” having shanks or threads with a diameter of 6 mm or more are classifiable under subheading 7318.15.80, HTSUS, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Other: Having shanks or threads with a diameter of 6 mm or more.” At the times of entry, the column one, general rate of duty was 8.5% ad valorem. By application of GRI 1, the screws described as “hex flange screws” and “metric hex flange bolts” having shanks or threads with a diameter of less than 6 mm are classifiable under subheading 7318.15.60, HTSUS, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Other: Having shanks or threads with a diameter of less than 6 mm.” At the times of entry, the column one, general rate of duty was 6.2% ad valorem.
You are instructed to ALLOW the protest with regard to the items described as “hex serrated flange screws” and “metric hex serrated flange bolts.” By application of GRI 1, the screws described as “hex serrated flange screws” and “metric hex serrated flange bolts” are classified in subheading 7318.15.40, HTSUS, which provides for “Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Machine screws 9.5 mm or more in length and 3.2 mm or more in diameter (not including cap screws).” The column one, general rate of duty at the times of entry was “Free.”
In accordance with Sections IV and VI of the CBP Protest/Petition Processing Handbook (HB 3500-08A, December 2007, pp. 24 and 26), you are to mail this decision, together with the CBP 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 International Trade, Regulations and Rulings, will make the decision available to CBP personnel and to the public on the
CBP website located at www.cbp.gov by means of the Freedom of Information Act, and other methods of public distribution.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division