HQ 088412

MAY 1 1991

CLA-2:CO:R:C:M 088412 JAS

CATEGORY: Classification

TARIFF NO.: 7318.15.20, 7318.15.60, 7318.15.80

Farrell Campbell

Mecaero Canada, Inc.

2250 Cohen, St. Laurent

Quebec, Canada H4R 9Z7

RE: Bolt, Screw; Aircraft Fastener

Dear Mr. Campbell:

In a letter dated November 12, 1990, you ask that we confirm

the classification of six (6) fasteners you propose to import

from Canada. National Standards Association drawings were

submitted. Our ruling follows.

FACTS:

Each drawing suggests multiples of the same article

designated by part number; however, only the first page of each

was submitted. Therefore, this ruling is limited to the article

depicted. Drawing NAS 2842 identifies a brazier head bolt. It

is a slotted, round head fastener of steel. It is identical, for

all practical purposes, to the slotted, round head cap screw

illustrated in ANSI standard B 18.6.2. It may also be imported

configured with an optional cross drilled hole in the shank.

This dedicates the fastener to receiving a cotter pin to hold a

nut in place.

Drawing NAS 623 is designated a threaded pan head machine

screw but, in fact, has the closely controlled tolerances and

other characteristics of the cap screw designated in ANSI

standard B 18.6.2.

Drawing MS 21250 designates a 12-point flanged bolt but, in

fact, conforms to the Industrial Fastener Institute (IFI)

standard IFI 115 for 12-point screws. This fastener offers the

cross drilled shank option.

Drawing NAS 3203 designates a bolt-hook or threaded bent

bolt of carbon steel. It conforms to the bent bolt designated by

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IFI standard 136 for studs and bent bolts for pressure-tempering

piping.

Drawing NAS 3303 designates a threaded, strap type U-bolt

of carbon steel. This fastener conforms to IFI standard 136.

Finally, drawing NAS 3003 designates a shear hex head bolt,

presumably of steel. This fastener offers the cross drilled

shank option. It closely resembles the standard hex cap screw

designated in ANSI B 18.2.1.

ISSUE:

Whether the six (6) fasteners are bolts or screws for tariff

purposes.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA) 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.

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 which establishes a recommended procedure for

determining the identity of an externally threaded fastener as a

bolt or screw. Specifically, ANSI specification B 18.2.1 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 thread form which prohibits assembly with a nut, 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.

Applying these criteria to the merchandise in issue, we find

fasteners represented by drawing NAS 2842 to be classifiable

under the provision for other screws having shanks or threads

with a diameter of less than 6 mm, in subheading 7318.15.6000,

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HTSUSA. If an originating good under the United States-Canada

Free Trade Agreement (CFTA), the rate of duty is 4.3 percent ad

valorem; if the fasteners have shanks or threads with a diameter

of 6 mm or more classification is in subheading 7318.15.8080,

HTSUSA, with reduced duty under the CFTA of 6.6 percent ad

valorem. If imported with cross drilled hole in the shank,

classification will be under the provision for bolts of iron or

steel, in subheading 7318.15.20, HTSUSA, depending on

shank/thread diameter. The rate of duty under the CFTA is 0.4

percent ad valorem.

Fasteners represented by drawing NAS 623 are classifiable as

other screws of iron or steel, in subheadings 7318.15.6000, or

7318.15.8080, HTSUSA, depending on shank/thread diameter. The

rates of duty under the CFTA are as previously indicated.

Fasteners represented by drawing MS 21250 are similarly

classifiable. However, if imported with a cross drilled shank,

they are classifiable as bolts in subheading 7318.15.20, HTSUSA,

depending on shank/thread diameter.

Fasteners represented by drawing NAS 3203 are classifiable

as bolts, in subheading 7318.15.20, HTSUSA, depending on

shank/thread diameter. Fasteners represented by drawing NAS 3303

are similarly classifiable.

Fasteners represented by drawing NAS 3003 are classifiable

as other screws, in subheading 7318.15.6000, or subheading

7318.15.8060, HTSUSA, depending on shank/thread diameter. If

imported with a cross drilled shank, they are classifiable as

bolts in subheading 7318.15.20, HTSUSA, depending on shank/thread

diameter.

HOLDING:

Fasteners from Canada represented by drawings NAS 2842, NAS

623, MS 21250, NAS 3203, NAS 3303 and NAS 3003 are classifiable

under appropriate provisions for bolts, in subheading 7318.15.20,

HTSUSA, or appropriate provisions for screws, in subheadings

7318.15.60 or 7318.15.80, HTSUSA, with reduced rates of duty

under the CFTA for qualifying originating goods.

Sincerely,

John Durant, Director

Commercial Rulings Division