CLA-2-73:OT:RR:NC:N1:121
Ms. Lauren Benway
Trans-Border Global Freight Systems
2103 Route 9
Round Lake, NY 12151
RE: The tariff classification of steel head bolts from China
Dear Ms. Benway:
In your letter dated June 14, 2017, you requested a tariff classification ruling on behalf of Marli Manufacturing.
The fasteners under consideration, described as steel head bolts, are identified as a Hex Head Bolt (Marli # 55-69X), an Internal Torx Head Bolt (Marli # 55-99), a Head Bolt with Sems Washer (53-29), a Head Bolt with Thread Sealant (Marli # 53-10), and a Head Bolt with Stud (Marli # 55-22).
Each head bolt is designed for use with a specific automobile engine and serves primarily to secure the engine head to the engine block. In addition, each provides clamping force to assist the head gasket in sealing the combustion chamber. Head Bolt with Stud (Marli # 55-22) has the added function of installing an accessory onto the engine.
Each head bolt is torqued by its head into a tapped hole in the engine head and engine block. All head bolts range in size from 8 mm to 14 mm in diameter and from 40 mm to 215 mm in length.
Hex Head Bolt (Marli # 55-69X) has a hex flange head and a partially threaded shank. Internal Torx Head Bolt (Marli # 55-99) has a socket flange head. Head Bolt with Sems Washer (53-29) has a hex flange head and includes a captive washer. Head Bolt with Thread Sealant (Marli # 53-10) has a hex flange head and a partially threaded shank with sealant to protect the threads when exposed to engine cooling water. Head Bolt with Stud (Marli # 55-22) has a shank that is threaded at both ends. The hex flange head is situated part way down the shank. One end of the shank will be anchored in the engine; the other end will be used with a nut to fasten an accessory to the engine.
Consideration was given to classification in subheading 8409.91.5085, Harmonized Tariff Schedule of the United States (HTSUS), as you have suggested, which provides for parts suitable for use solely or principally with the engines of heading 8407 or 8408. However, that classification was deemed inappropriate. Section XVI Note 1(g) excludes “parts of general use,” as defined in Note 2 to Section XV, which includes articles of heading 7318.
Consideration was also given to classification under 7318.15.2065, HTSUS. However, these articles would not be considered bolts since they are capable of being turned during assembly and do not have to be assembled with a nut to perform their intended function. Based upon supplementary criteria of ASME B18.2.1, these products (with the exception of the Head Bolt with Stud) are classified as screws.
The applicable subheading for Hex Head Bolt (Marli # 55-69X), Head Bolt with Sems Washer (53-29), and Head Bolt with Thread Sealant (Marli # 53-10) will be 7318.15.8066, 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: other: other: with hexagonal heads: other: cap screws. The duty rate will be 8.5% ad valorem.
The applicable subheading for the Internal Torx Head Bolt (Marli # 55-99) will be 7318.15.8045, 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: other: socket screws: other. The general rate of duty will be 8.5% ad valorem.
The applicable subheading for the Head Bolt with Stud (Marli # 55-22) will be 7318.15.5090, 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: studs: other: other. The rate of duty will be free.
Head Bolt with Stud (Marli # 55-22) may be subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/.
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