HQ 955744

May 20, 1994

CLA-2 CO:R:C:M 955744 RFA

CATEGORY: Classification

TARIFF NO.: 7318.15.50, 7318.15.60, 7318.15.80

District Director

U.S. Customs Service

6747 Engle Road

Middleburg Heights, OH 44130

RE: Protest 4103-93-100167; Automotive Fasteners; Bolts; Machine

Screws; Studs; \"SEMS\"; HQs 026742, 951995, 955818

Dear District Director:

The following is our decision regarding the request for

further review of Protest 4103-93-100167, which concerns the

classification of automotive fasteners under the Harmonized

Tariff Schedule of the United States (HTSUS). The subject

entries were liquidated on April 23 and 30 and May 7, 1993. The

protest was timely filed on July 16, 1993.

FACTS:

The subject merchandise are automotive fasteners which are

categorized into four (4) different groups based upon their

similar configurations. They are identified as Group C, Group D,

Group E, and Group F.

Group C contains three (3) types of fasteners which have a

head design coupled with longitudinal threads to anchor the

subject fasteners in holes and keep them from turning during

tightening. They 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. The Group C fasteners were entered

as bolts under subheading 7318.15.20, HTSUS. The entry of Group

C was liquidated under subheading 7318.15.50, HTSUS, as steel

studs.

Group D contains fifteen (15) types of fasteners with one or

two free spinning washers \"assembled\" under the head. The

washers cannot be removed because they were placed on the shank

before the threads were rolled. Fasteners of this type are

called \"assembled screws\" or \"SEMS\". All of the fasteners except

for one (hereinafter \"D11\") have chamfered corners on the

underside of hexagon shaped heads. This underhead chamfer is a

design characteristic which is the equivalent of a washer face.

D11 has no washer face or equivalent, it has a coarse sheared

point, and a coarsely formed underhead fillet. Group D was

entered as machine screws under subheading 7318.15.40, HTSUS.

The entry of Group D was liquidated under subheadings 7318.15.60

and 7318.15.80, HTSUS, as other screws depending on the diameter

of the shank or thread.

Group E contains six (6) different types of fasteners.

Three sets of fasteners, labeled as E1, E3, and E6, are washer

head screws. Two sets of fasteners, labeled as E4 and E5, are

steel socket flange head screws. One fastener, labeled as E2, is

a steel cross-recessed flat countersunk screw. Group E was

entered as machine screws under subheading 7318.15.40, HTSUS.

The entry of Group E was liquidated under subheadings 7318.15.60

and 7318.15.80, HTSUS, as other screws depending on the diameter

of the shank or thread.

Group F contains twelve (12) types of fasteners referred to

as projection weld bolts or as projection weld screws. They were

entered as bolts under subheading 7318.15.20, HTSUS. The entry

of Group F was liquidated under subheading 7318.15.50, HTSUS, as

studs.

The subheadings 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: \[t\]hreaded 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

. . . .

Goods classifiable under this provision have a general,

column one rate of duty of 0.7 percent ad valorem.

7318.15.40 Machine screws 9.5 mm or more in length and

3.2 mm or more in diameter (not including cap

screws) . . . .

Goods classifiable under this provision have a general,

column one rate of duty of \$.01/kg.

7318.15.50 Studs . . . .

Goods classifiable under this provision have a general,

column one rate of duty of 4.7 percent ad valorem.

7318.15.60 Other: \[h\]aving shanks or threads with a

diameter of less than 6 mm . . . .

Goods classifiable under this provision have a general,

column one rate of duty of 6.2 percent ad valorem.

7318.15.80 Other: \[h\]aving shanks or threads with a

diameter of 6 mm or more . . . .

Goods classifiable under this provision have a general,

column one rate of duty of 9.5 percent ad valorem.

ISSUE:

Whether the fasteners are classifiable as bolts, studs or

other screws under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in

accordance with the General Rules of Interpretation (GRI\'s),

taken in order. GRI 1 provides that classification shall be

determined according to the terms of the headings and any

relative section or chapter notes.

Customs traditionally classifies fasteners primarily in

accordance with their design characteristics. The usual

distinction between a bolt and a screw is that a bolt is fastened

by torquing a nut onto the bolt, whereas a screw is fastened by

torquing the head. This classification criteria has been

reinforced by an American National Standards Institute (ANSI)

specification, B 18.2.1, which establishes a recommended

procedure for determining the identity of an externally threaded

fastener as a bolt or screw, using primary and secondary

criteria. See HQ 955818 (April 14, 1994).

This specification regards as a bolt an externally threaded

fastener designed for insertion through holes in assembled parts

which, because of head design or other feature, is prevented from

being turned during assembly, and which can be tightened or

released only by torquing a nut. A screw, on the other hand, is

an externally threaded fastener which has a straight thread of

multiple pitch length and which must be torqued by its head into

a tapped or other preformed hole to perform its intended

function. A stud is a type of bolt, but is distinguished from a

bolt by its intended service application. Studs are normally

short rods or pins threaded on one or both ends, sometimes with

heads on one end to allow them to be fixed in place resulting in

a protuberance to which other articles may be suspended or

attached by a nut or other means.

The protestant claims that the Group C fasteners are eo

nomine provided for as bolts. These fasteners have a head design

coupled with the longitudinal threads that anchors the subject

fasteners in the holes and keep them from turning during

tightening. The concerned National Import Specialist (NIS)

examined these fasteners and concluded that they are steel

broaching studs because they 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. In HQ 951995, dated

September 15, 1992, Customs held that steel broaching studs like

those in Group C are classifiable under subheading 7318.15.50,

HTSUS, as studs. Therefore, we find that the Group C fasteners

are classifiable under subheading 7318.15.50, HTSUS.

The Group D fasteners are \"SEMS\", consisting of different

components (a screw and one or two washers). Because \"SEMS\" are

composite goods, classification is controlled by GRI 3(b). The

protestant and Customs agree that the essential character of the

\"SEMS\" is imparted by the screw portion. The protestant believes

that the Group D fasteners should be classified as machine

screws. You indicate that the Group D fasteners meet the

definition of cap screws for tariff purposes.

All of the Group D fasteners except for one have chamfered

corners on the underside of hexagon shaped heads. This underhead

chamfer is a design characteristic which is the equivalent of a

washer face. Customs has a long-standing practice of

distinguishing machine screws from cap screws based on the

presence of a washer face or its equivalent on the underside of

the head. See Heads and Threads, Div. of MSL Industries, Inc. v.

United States, C.A.D. 960, 417 F.2d 637 (1969)(hereinafter \"Heads

and Threads).

In Heads and Threads, the Court determined that chamfered

corners on the underside of the head are the equivalent of a

washer face. The purpose of the washer face is to keep the edge

of the fastener head from gouging the work, and the chamfers on

the sharp corners on the underside of a hex head fastener serve

the same purpose. The flange on a washer head screw and the

flange on a flange head screw also serve the same purpose.

Because all of the fasteners in Group D, except for D11, have

chamfered corners on the underside of hexagon shaped heads,

classification under the provision for machine screws is

precluded. The Group D fasteners, except for D11, are provided

for under subheadings 7318.15.60 and 7318.15.80, HTSUS, depending

on the length of the shank.

The fastener, labeled as D11, does not have a washer face or

its equivalent. Instead, it has a coarse sheared point, and a

coarsely formed underhead fillet. The protestant did not submit

ordering specifications of D11 to support his claim. Therefore,

the protest for the classification of D11 shall be denied.

After examining the samples submitted for Group E, the

concerned NIS determined that the Group E fasteners have the

appearance of cap screws. As stated above, cap screws are classifiable
under subheadings 7318.15.60 and 7318.15.80, HTSUS,

depending on the length of the shank.

The fasteners in Group F all have specially designed heads

which are intended to be welded in place on a metal surface,

leaving the threaded protuberance to which other items can be

attached by means of a nut. Under the Tariff Schedules of the

United States (TSUS), the precursor to the HTSUS, we consistently

held that projection weld studs were classifiable under item

646.57, TSUS (the precursor provision to subheading 7318.15.50,

HTSUS), which provided for studs. See HQ 026742 (May 9, 1973); NY

820167 (September 17, 1986).

Congress has indicated that earlier rulings must not be

disregarded in applying the Harmonized Code. The conference

report to the Omnibus Trade Bill states that on a case by case

basis prior decisions should be considered instructive in

interpreting the HTSUS, particularly where the nomenclature

previously interpreted in those decisions remains unchanged and

no dissimilar interpretation is required by the text of the

HTSUS. H.Rep No. 100-576, 100th Cong., 2D Sess. 548 (1988) at

550\. The description for studs under the HTSUS does not

materially differ from item 646.57, TSUS, which provides for

studs. Therefore, we find that the Group F projection weld studs

are classifiable under subheading 7318.15.50, HTSUS, which

provides for studs.

HOLDING:

For the foregoing reasons, the fasteners in issue are

provided for in heading 7318, HTSUS. They are classifiable as

studs, and as other screws, as indicated above.

The protest is DENIED. In accordance with Section 3A(11)(b)

of Customs Directive 099 3550-065, dated August 4, 1993, Subject:

Revised Protest Directive, this decision, together with the

Customs Form 19, should be mailed by your office to the

protestant no later than 60 days from the date of this letter.

Any reliquidation of the entry in accordance with the decision

must be accomplished prior to mailing of 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 the public

via the Diskette Subscription Service, Lexis, Freedom of

Information Act and other public access channels.

Sincerely,

John Durant, Director

Commercial Rulings Division