# HQ 965584

**September 24, 2002**

**CLA-2** RR:CR:GC 965584 KBR

**CATEGORY:** Classification

**TARIFF NO.:** 7318.19.00

Mr. Frederick L. Ikenson, P.C.

Mr. Larry Hampel

1621 New Hampshire Ave., N.W.

Washington, D.C. 20009-2584

**RE:** Pipe Fitting Nuts

Dear Mr. Ikenson and Mr. Hampel:

This is in reference to your letter on behalf of Southland Metals, Inc.,
to the U.S. Customs Service, Director, National Commodity Specialist
Division, New York, dated February 22, 2002, in which you requested a
binding ruling, concerning the classification, under the Harmonized
Tariff Schedule of the United States (HTSUS), of cast iron pipe fitting
nuts. Drawings, photographs and specifications of the products were
submitted. You also submitted a sales brochure from Central Plastics
Company, a distributor of the product. Your letter was referred to this
office for reply. We regret the delay in responding.

In preparing this ruling, consideration was given to facts and legal
arguments you presented during a teleconference with members of my staff
on August 30, 2002, and additional submissions you supplied dated August
29, August 30, September 3, and September 9, 2002.

**FACTS:**

The articles involved are cast iron malleable pipe fitting nuts. You
state that Southland Metals has previously entered identical articles
into the U.S., however, this ruling request is for prospective
shipments.

According to the information provided, the pipe fitting nuts may be
imported in a finished condition or, what is termed rough castings
requiring some finish machining or threading. The articles are available
in several styles which denote the profile and location of the wrench
flats on the pipe fitting nut body. Depending on the articles actual
application, the article may be referred to as a meter nut, swivel nut,
eclipse nut, union nut, regulator nut, or compression nut. The pipe
fitting nuts are produced and imported as individual items with distinct
part numbers. The schematics submitted for several of the types of nuts
show that the pipe fitting nuts are made from material meeting the
American Society for Testing and Materials (ASTM) standard A-197. The
schematics show that the threads of the pipe fitting nuts are
manufactured to meet the American National Standards Institute/American
Society of Mechanical Engineers (ANSI/ASME) standard B1.1. Each type of
nut has a 'shoulder' or 'flange' inside the rim of the nut, interrupting
the threads and forming a 'stop'. This 'stop' is intended to catch an
external 'shoulder' or 'flange' of another component with which the pipe
fitting nut is intended to be combined.

You maintain the pipe fitting nuts should be classified in subheading
7318.16.00, HTSUS, as screws, bolts, nuts, and similar articles, of iron
or steel, threaded articles, nuts. In the alternative, you maintain the
articles should be classified in subheading 7325.99.10, HTSUS, as other
articles of cast iron.

**ISSUE:**

Whether the subject pipe fitting nuts are goods of heading 7318, HTSUS.

**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). The systematic detail of the HTSUS is such that
virtually all goods are classified by application of GRI 1, that is,
according to the terms of the headings of the tariff schedule and any
relative Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and legal
notes do not otherwise require, the remaining GRIs may then be applied.

In interpreting the headings and subheadings, Customs looks to the
Harmonized Commodity Description and Coding System Explanatory Notes
(ENs). Although not legally binding, they provide a commentary on the
scope of each heading of the HTSUS. It is Customs practice to follow,
whenever possible, the terms of the ENs when interpreting the HTSUS.
*See* T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The HTSUS provisions under consideration are as follows:

7307 Tube or pipe fittings (for example, couplings, elbows, sleeves), of
iron or steel:

7307.19 Other

7307.19.90 Other

7318 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters,
cotter pins, washers (including spring washers) and similar articles, of
iron or steel:

Threaded articles:

7318.16.00 Nuts

7318.19.00 Other

7325 Other cast articles of iron or steel:

Other:

7325.99 Other:

7325.99.10 Of cast iron

The ENs for pipe fittings in heading 7307, HTSUS, state, in pertinent
part, that the heading covers "fittings of iron or steel, mainly used
for connecting the bores of two tubes together, or for connecting a tube
to some other apparatus..." The heading does not cover:

> "articles used for installing pipes and tubes but which do not form an
> integral part of the bore (e.g., hangers, stays and similar supports
> which merely fix or support the tubes and pipes on walls, clamping or
> tightening band or collars (hose clips) used for clamping flexible
> tubing or hose to rigid piping, taps, connecting pieces, etc.)
> (heading 73.25 or 73.26).
>
> The connection is obtained:

-   by screwing, when using cast iron or steel threaded fittings;

> \* \* \* \* \*
>
> This heading therefore includes flat flanges and flanges with forged
> collars, elbows and bends and return bends, reducers, tees, crosses,
> caps and plugs, lap joint stub-ends, fittings for tubular railings and
> structural elements, off sets, multi-branch pieces, couplings or
> sleeves, clean out traps, nipples, unions, clamps and collars.
>
> The heading excludes:
>
> \* \* \* \* \*
>
> \(b\) Bolts, nuts, screws, etc., suitable for use in the assembly of
> tube or pipe fittings (heading 73.18).

The ENs for heading 7318, HTSUS, in pertinent part, define what are
considered "nuts" which are included in this heading as follows:

> Bolts and nuts (including bolt ends), screw studs and other screws for
> metal, whether or not threaded or tapped, screws for wood and
> coach-screws are threaded (in the finished state) and are used to
> assemble or fasten goods so that they can readily be disassembled
> without damage.
>
> \* \* \* \* \*
>
> Nuts are metal pieces designed to hold the corresponding bolts in
> place. They are usually tapped throughout but are sometimes blind. The
> heading includes wing nuts, butterfly nuts, etc. Lock nuts (usually
> thinner and castellated) are sometimes used with bolts.

You argue that the ENs state that "lock nuts" are only "sometimes" used
with bolts, and therefore nuts and bolts are not necessarily linked. You
cite NY E83406 (June 30, 1999) which found that lock nuts used to hold
an adjustable, industrial, hydraulic tube fitting in the correct
orientation when assembled into a port (valve, manifold, etc.), were
classified in subheading 7318.16.00, HTSUS.

Initially, we note that if a consumer wants to purchase pipe fitting
nuts, the consumer would locate this type of article with pipe fittings
products. The consumer would not find the articles in the fastener
(screws, bolts, nuts, etc.) section of a retail establishment. In a
conversation with a member of my staff on August 26, 2002, you stated
that the manufacturer of this product only deals in pipe fittings, not
in fasteners.

A tariff term that is not defined in the HTSUS or described in the ENs
is construed in accordance with its common or commercial meaning.
*Nippon Kogaku (USA) Inc. v. United States*, 69 CCPA 89, 673 F.2d 380
(1982). Common and commercial meaning may be determined by consulting
dictionaries, lexicons, scientific authorities and other reliable
sources. *C.J. Tower & Sons v. United States*, 69 CCPA 128, 673 F.2d
1268 (1982). "Nut" is defined as "a perforated block usu\[ally\] of
metal that has an internal screw thread and is used on a bolt or screw
for tightening or holding something". *Webster's New Collegiate
Dictionary*, G. & C. Merriam Co., 1979. "Nut" is defined by *The Random
House College Dictionary,* Random House Inc., 1973, as "a block, usually
of metal, perforated with a threaded hole so that it can be screwed onto
a bolt to hold together objects through which the bolt passes." *WordNet
1.6* defines "nut" as "a small square or hexagonal metal block with
internal screw thread to be fitted onto a bolt". *Cambridge*
*Dictionaries Online, Cambridge International Dictionary of English*,
defines "nut" as "a small piece of metal with a hole in it that a bolt
can be screwed into". *Cambridge* *Dictionaries Online, Cambridge
Dictionary of American English*, defines "nut" as "a small ring of metal
that a bolt (= a screwlike object) can be screwed into to hold something
in place". You submitted a definition from *Fastening Devices Inc. v.
United States*, C.D. 2004 (1958) which cites the definition from *Funk &
Wagnalls New Standard Dictionary of the American Language* which states
that a nut "may be fitted upon a bolt, screw, or the like". You also
cite a definition from *Construction Glossary An Encylcopedic Reference
and Manual*, Stewart J. Stein, (2d ed., 1993), which states that nuts
are a "\[b\]lock or sleeve having an internal thread designed to
assemble with the external thread on a bolt, screw, stud or other
threaded part." The American Society of Mechanical Engineers (ASME), in
their *American Standard, Glossary of Terms for Mechanical Fasteners*,
uses the same definition as above.

You also submitted information concerning articles called "nuts" which
are used on various articles which are not bolts. This information
included drawings of various pipe fittings with various articles called
"nuts" involved. You also included patents with various types of
articles which list a "nut" as a component, but the listed nut is not
attached to a bolt or screw. These patents included articles such as
swivel joints, union joints, pipe connectors, fluid couplings, hydrants,
modular piston rods, modular shower rods, pup joints, and others. We
note that although these articles may be called "nuts" in a patent
application, no evidence was presented that the articles were classified
under the HTSUS as such.

In HQ 959570, dated December 20, 1996, Customs discussed the definition
of "nut" in finding that, although the manufacturer called the article a
"nut", the article was not classifiable within heading 7318, HTSUS:

> Counsel\'s second contention that these articles are commonly
>
> and commercially referred to as nuts is apparently based on
>
> promotional literature which depicts the \"Inner Cap Nut,
>
> Special,\" on blueprints for an \"Inner Cap Nut\" and installation
>
> instructions bearing the same designation. An importer\'s
>
> promotional literature and marketing profile are indications of
>
> how the importer views his product. Thus, they are of some
>
> probative value, but not conclusive of the common meaning of a
>
> term that is not otherwise defined in the legal text. Resort to
>
> dictionaries, lexicons and other reliable sources of information
>
> is appropriate. In this case, no dictionary or other
>
> lexicographic authority of which we are aware describes an
>
> article threaded both internally and externally as a nut.
>
> Moreover, the rulings counsel cites involve fasteners whose
>
> design and function are dissimilar to the inner cap nut.

However, in the case before us, the pipe fitting nuts are only threaded
internally. There are no external threads on the pipe fitting nuts.

Customs has researched the ANSI/ASME and ASTM specifications for threads
of pipe fittings and fasteners. The specification for threads of pipe
fitting articles is ANSI/ASME B1.20. The specification for threads of
fastener articles is ANSI/ASME B1.1. In a facsimile dated August 29,
2002, you submitted schematics which show the threads for the various
pipe fitting nuts meet ANSI/ASME B1.1 standards.

However, the instant pipe fitting nuts are designed differently than a
common nut. These pipe fitting nuts have an internal 'shoulder' or
'flange' which would stop an article being threaded through it from
emerging at the opposite end of the pipe fitting nut. This internal
shoulder precludes the pipe fitting nut from being used with a bolt,
screw or stud. The pipe fitting nut operates by placing a free floating
part which has an external shoulder inside the pipe fitting nut. The
external shoulder of the internal part contacts the internal shoulder of
the pipe fitting nut preventing the internal part from sliding all the
way through the pipe fitting nut. A third component with external
threads then goes over the internal part and screws into the pipe
fitting nut which locks the internal and external shoulders together.
Therefore, the clamping force of the pipe fitting nut is by the internal
shoulder.

A common nut operates differently. The clamping force of the common nut
is created by the outside face of the nut. The common nut compresses an
article between its exterior face and the face of the bolt, screw or
stud. Therefore, the pipe fitting nut and the common nut have different
design features, different intended usages, different industry groups,
are marketed in different departments and have no commercial
interchangability. Therefore, we find that the pipe fitting nuts are not
classifiable as "nuts" under subheading 7318.16.00, HTSUS.

You also argue that the ENs for heading 7307, HTSUS, exclude the
pipefitting nuts from that chapter. As previously noted, the EN states,
in pertinent part, as follows:

> This heading does not however cover articles used for installing pipes
> and tubes but which do not form an integral part of the bore (e.g.,
> hangers, stays and similar supports which merely fix or support the
> tubes and pipes on walls, clamping or tightening bands or collars
> (hose clips) used for clamping flexible tubing or hose to rigid
> piping, taps, connecting pieces, etc.)(heading 37.25 or 73.26).

This EN specifically excludes from heading 7307, HTSUS:

> \(b\) Bolts, nuts, screws, etc., suitable for us in the assembly of
> tube or pipe fittings (heading 73.18).

You state that the pipe fitting nuts do not form an integral part of the
bore. You state the pipe fitting nuts are external to the pipes and
never touch the substance that passes through the pipes. The pipe
fitting nuts are just used to hold together the components of the pipe
fittings. Therefore, you believe the pipe fitting nuts fall within
exclusion (b), cited above, since they are used only for the assembly of
the pipe fittings. We do not agree. The ENs do not state that the
article must touch the substance which is being conveyed by the tubing.
The pipe fitting nut is critical to lining up the pipe bores and
connecting them together. The pipe could not be held together without
the pipe fitting nut. The pipe fitting nut is not an 'auxiliary' part,
such as a part that merely connects the pipe to a wall.

As to your alternative claim for classification under heading 7325,
HTSUS, Customs ruled in HQ 732883 (August 1, 1990), that when all the
components of a pipe fitting which included a casting of a nut, which
needed finishing by boring and threading, were imported, they would be
classified in heading 7307, HTSUS. However, if the imported components
needed additional pieces to complete the pipe fitting, because there is
no provision for parts of fittings, the imported castings would be
classified as cast articles in heading 7325, HTSUS. In the instant case,
the pipe fitting nuts are imported by themselves, without any other
components of pipe fittings. Therefore, since there is no parts
provision for fittings, heading 7307, HTSUS is not appropriate. However,
the ENs for heading 7325, HTSUS, excludes "products falling in other
headings of the Nomenclature ... or unfinished castings which require
further working, but have the essential character of such finished
products." As to heading 7325, HTSUS, GRI 2(a) permits us to expand the
scope of a 4-digit heading to include incomplete or unfinished articles.
In this regard, the ENs for GRI 2(a) state, in part, that the rule also
applies to blanks unless these are specified in a particular heading.
The term "blank" means an article, not ready for direct use, having the
approximate shape or outline of the finished article or part, and which
can only be used, other than in exceptional cases, for completion into
the finished article or part.

Here we find that the pipe fitting nut castings conform to the cited EN
description for blanks, in that they have the approximate shape or
outline of a finished article and will be completed into the finished
article by threading. Under GRI 2(a), the castings qualify as blanks
having the essential character of other threaded articles of the type
classifiable in subheading 7318.19.00, HTSUS. *See* HQ 959641 (June 23,
1997).

**HOLDING:**

In accordance with GRI 1, the pipe fitting nuts are provided for in
heading 7318, HTSUS. They are classifiable in subheading 7318.19.00,
HTSUS, as screws, bolts, nuts, and other similar articles, of iron or
steel, threaded articles, other.

Sincerely,

Myles B. Harmon, Acting Director

Commercial Rulings Division