CLA-2-73:OT:RR:NC:N1:121
Mr. Bob Arth
19301 St. Clair Avenue
Cleveland, Ohio 44117
RE: The tariff classification of a bolt from China
Dear Mr. Arth:
In your letter dated June 8, 2016, you requested a tariff classification ruling. The submitted sample will be retained by this office.
The product under consideration, commonly known in the trade as a “Crane Mat Bolt,” is a round head fastener made of carbon steel. It measures 0.906 inch (23.012 mm) in diameter by 4 feet (1,219 mm) in length. The end of the shank includes 5 inches (127 mm) of course threads measuring 8 threads per inch.
You indicate that the fastener is inserted through holes in wood and serves to hold as many as six 8-inch square by 20-foot long planks of wood together.
You propose classification of the subject fastener in subheading 7318.15.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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: other: other: other: other. This office disagrees with your proposal.
CBP uses fastener industry standards to distinguish bolts from screws. When a fastener is described in a fastener industry dimensional standard as either a bolt or a screw, we follow that standard. When, as in this case, we have no dimensional standard, we consult the “Specification for Identification of Bolts and Screws,” in the American National Standards Institute (ANSI)/ American Society of Mechanical Engineers (ASME) B18.2.1 specification.
ANSI/ASME B18.2.1 provides the following:
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 torqueing a nut. 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 torqueing the head. A bolt is designed for assembly with a nut. A screw has features in its design which make it capable of being used in a tapped or other preformed hole in the work.
ANSI/ASME B18.2.1 provides four Primary Criteria and nine Supplementary Criteria for consideration in distinguishing bolts from screws. If a fastener conforms to any of the Primary Criteria for either a bolt or a screw, it is classified accordingly. If none of the Primary Criteria are met, CBP consults the Supplementary Criteria.
The Primary Criteria are the following: 1) a fastener which can only be tightened or released by torqueing a nut is a bolt; 2) a fastener which has a thread form which prohibits assembly with a nut is a screw; 3) a fastener which must be assembled with a nut to perform its intended service is a bolt; 4) a fastener which must be torqued by its head into a tapped or other preformed hole to perform its intended service is a screw.
We find that the subject fastener can only be tightened or released by torqueing a nut. Accordingly, it satisfies Primary Criteria 1 and is classified as a bolt.
The applicable subheading for the round head steel bolt will be 7318.15.2055, 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: bolts and bolts and their nuts or washers entered or exported in the same shipment: having shanks or threads with a diameter of 6 mm or more: other: with round heads: other. The duty rate will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Barbara Kaiser at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division