HQ 951995

SEPTEMBER 15, 1992

CLA-2:CO:R:C:M 951995 JAS

CATEGORY: Classification

TARIFF NO.: 7318.15.50, HTSUS

District Director of Customs

Patrict V. McNamara Bldg.

477 Michigan Avenue

Detroit, Michigan 48266

RE: Broaching Stud; Subheading 7318.15.50; Knurl Bolt,

Connecting Rod Bolt; Subheading 7318.15.20, HTSUS;

Threaded Fastener for Axle Assembly; Bolt Differential

Carriers; PRD 3801-91-102446

Dear Sir:

This is our decision on Application for Further Review of Protest No.
3801-91-102446, dated September 5, 1991, filed on behalf of Fastac Inc.,
against your action in liquidating an entry of threaded fasteners from
Japan.

FACTS:

The article in question is described on the Customs Form 6445 as a knurl
bolt (bolt differential carrier) M10X1.25X1.25X36. A submitted sample is
a steel fastener measuring 1 9/16 inches long with a round head and flat
end. It has a 5/16 inch longitudinal thread under the head, a 1/2 inch
thread at the other end and a 5/16 inch body in the middle.

Entry was made under the provision for bolts and bolts and their nuts or
washers entered or exported in the same shipment, in subheading
7318.15.20, Harmonized Tariff Schedule of the United States (HTSUS).
Protestant states that these fasteners cannot be torqued by the head but
are used to attach two parts or components by assembling with a nut;
this service application conforms with the accepted industry standard
for bolts.

You liquidated the entry under the provision for studs, in subheading
7318.15.50, HTSUS, because it has a knurled neck which is fixed in place
by pressing the ribbed neck into a predrilled hole to provide a threaded
protuberance to which something is attached by means of a nut.

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ISSUE:

Whether the steel fastener in issue is a stud or a bolt 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.

Information developed by the concerned NIS contradicts the protestant\'s
claim and indicates that the differential gears in an automobile are
enclosed by a two-part cover. Each half of the cover has a flange with
eight (8) drilled holes around its perimeter. In use, one fastener is
machine-pressed into each of the holes on one half of the cover with the
threaded ends protruding. The head design coupled with the longitudinal
threads anchor the subject fasteners in the holes and keep them

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from turning during tightening. The second half of the cover is then
placed over the threaded ends of the fasteners and the two halves
attached by means of nuts. These articles, therefore, are designed to be
fixed in place to provide a threaded protuberance to which other things
can be attached by means of nuts or otherwise. They are therefore within
the common meaning of the term stud.

HOLDING:

Under the authority of GRI 1, the fasteners in issue are articles
similar to bolts provided for in heading 7318. They are classifiable in
subheading 7318.15.50, HTSUS, as studs.

The protest should be denied. A copy of this decision should be attached
to the Customs Form 19 and mailed to protestant, through his broker, as
part of the notice of action on the protest.

Sincerely,

John Durant, Director

Commercial Rulings Division