HQ 951870

JANUARY 29, 1993

CLA-2:CO:R:C:M 951870 JAS

CATEGORY: Classification

TARIFF NO.: 7318.14.10, 7318.15.20, 7318.15.60, 7318.15.80, HTSUS

District Director of Customs

55 Erieview Plaza

Cleveland, Ohio 44114

RE: Knuckle Bolt, Earth Bolt, Washer Bolt, Flange Bolt, Hex

Bolt, Heading 7318; Bolts and Screws; Automotive Fasteners;

American National Standards Institute/American Society of

Mechanical Engineers (ANSI/ASME) B 18.2.1;

PRDs 4103-92-100091 and 4103-92-100106

Dear Sir:

This is our decision on Application for Further Review of Protests
4103-92-100091, dated February 19, 1992, and 4103-92-100106, dated May
6, 1992, filed by counsel representing Honda of America Mfg., Inc.,
against your action in liquidating certain entries of threaded fasteners
from Japan. Counsel\'s arguments are contained in two submissions, dated
May 5 and December 23, 1992.

FACTS:

The instant protest covers a variety of threaded fasteners used in
automotive applications. They are represented by eight (8) samples
forwarded by your office to the National Import Specialist. In its
December 23, 1992, submission, counsel abandons its claim regarding the
bumper beam bolt marked \"90106sm4 A000\" and the flange bolt marked
\"957011002008.\" We will therefore omit any discussion of these
fasteners.

For purposes of discussion, counsel divides the samples into five (5)
separate groups.

The first group is represented by one sample, identified as the knuckle
bolt and marked \"5236gs14 0000 AEu.\" It measures 10 1/4 inches long,
has a recessed hexagon (hex) head, and a removable circular steel disc
loosely fitted over its body. The shank of this fastener is
longitudinally ribbed and is threaded

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one inch from a blunt chamfered point. It has a flange formed on the
underside of the head which is the functional equivalent of a

washer face. This fastener is used to hold the rear suspension

member (trailing arm) to the car body.

The second group is represented by one sample identified as the earth
bolt marked \"90148se0 0030.\" It is a 3/4 inch long fastener with a
threaded shank and a recessed or indented hex head. There is a
pie-shaped notch cut into the bottom 1/4 inch of the shank. The fastener
has two free spinning washers, a lock washer and a flat washer,
permanently assembled under the head. Fasteners of this type are
referred to as \"sems.\" This fastener is used to attach portions of
automotive electrical systems that require grounding.

The third group is represented by three (3) samples, which counsel
identifies as washer bolts. The first, marked \"90101se3 0030\", is 1
3/8 inches long and threaded to within 1/4 inch of the point. It has a
hex recessed head and a permanently attached free spinning washer. The
second, marked \"934010602008\", is

identical except that it is 1 inch long and fully threaded. The

third, marked \"90146sm4 0000\", is identical to the second except that
it is 13/16 inch long and has two permanently attached free spinning
steel washers, a lock washer and a flat washer. These fasteners are used
primarily to attach the auto door hinge to the car frame and the fuel
pipe cluster to the car body.

The fourth group is represented by two (2) samples identified as flange
bolts. The first, marked \"9016csfl 0000,\" is 4 1/8 inches long with a
smooth shank threaded at the bottom 1/3 of its length, and a removable
washer. It has a recessed hex flange head and a blunt chamfered point.
The second, marked \"95701060 2008,\" is a 1-inch long fastener, fully
threaded with a recessed hex washer head. These fasteners are said to
have a variety of automotive applications.

The fifth group has one sample, marked \"92100060120H\" which counsel
calls a hex bolt. It is 5/8 inch long and fully threaded with a hex
head. These fasteners are said to be used in a variety of lighter-weight
automotive applications.

These fasteners were classified in liquidation under the provision for
other screws, in subheading 7318.15.60 or subheading 7318.15.80, HTSUS,
depending on the diameter of the shanks or threads. Counsel for
protestant maintains that all fasteners the subject of this protest are
properly classifiable in subheading 7318.15.20, HTSUS, a provision for
bolts and bolts and their nuts or washers entered or exported in the
same shipment. The claim is that all are externally threaded fasteners
which must be assembled with a nut to perform their intended service
application.

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The Customs Form 6445A indicates that certain fasteners in the protested
entries were liquidated under the provision for

studs, in subheading 7318.15.50, HTSUS. However, no sample was provided
with the protest, nor do counsel\'s arguments address

the issue. These articles, therefore, will not be addressed.

ISSUE:

Whether fasteners represented by the submitted samples, or any of them,
are bolts or screws 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.

Counsel maintains that the fasteners in issue are provided for eo nomine
as bolts of heading 7318, that they are within the common meaning of
that term, and are thus classifiable in subheading 7318.15.20, HTSUS.
The general lexicons counsel cites are in agreement that bolts have a
head on one end, a screw thread on the other end usually for a nut, and
are used to hold something in place or to fasten two or more things
together. However, because both screws and bolts have heads and threads,
and because certain types of screws can be used with nuts, these
lexicons are not particularly helpful in distinguishing bolts from
screws.

Counsel also cites the Explanatory Notes to the Harmonized Commodity
Description and Coding System (ENs) which he claims

support the bolt classification. The heading 7318 ENs at p. 1028
indicate that bolts are designed to engage with a nut and usually have a
part of their shank unthreaded, whereas screws for metal are usually
screwed into a hole tapped in the material to be fastened and are
therefore generally threaded throughout their length. Counsel has not
demonstrated that in all cases the samples are designed to engage with
nuts and none were accompanied by nuts. Further, at least half the
samples have fully threaded shanks. At best, the ENs are inconclusive in
resolving the issue before us.

Customs is of the opinion that the most objectively verifiable standard
for differentiating one type of threaded fastener from another is by
dimensional standards specified by or on behalf of the industry in which
these fasteners are used. However, when there is no industry standard
available to cover a particular fastener, Customs relies on a more
general

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specification which establishes a recommended procedure for determining
the identity of an externally threaded fastener. In cases where a
particular fastener does not fall squarely within a recognized standard,
we will classify it according to the standard to which it most closely
conforms or in accordance with

the majority of its design characteristics.

Customs disputes counsel\'s assertion that designations published by the
American National Standards Institute/American Society of Mechanical
Engineers (ANSI/ASME), the Industrial Fastener Institute (IFI), or other
industry groups, establish a

commercial designation that is different from the common meaning

of the term \"bolt.\" Rather, we believe the common and commercial
meanings of the terms \"bolt\" and \"screw\" can be reconciled,
particularly where an industry standard is used to clarify common
meaning. The courts have sanctioned the use of an industry standard
where the common meaning of a term is indefinite. See United States v.
Colonial Commerce Co., Ltd. et al., 44 CCPA 18, C.A.D. 629 (1965), and
related cases.

The recommended procedure for differentiating bolts from screws is set
forth in ANSI/ASME standard B 18.2.1 (1981). This standard regards as a
bolt an\[y\] externally threaded fastener designed for insertion through
holes in assembled parts, and \[which\] is normally intended to be
tightened or released by torquing a nut. The standard regards as a screw
an\[y\] externally threaded fastener capable of being inserted into
holes in assembled parts, of mating with a preformed internal thread or
forming its own thread, and of being tightened or released by torquing
the head.

ANSI/ASME standard B 18.2.1 specifies primary and supplementary criteria
to be applied in determining whether a

particular threaded fastener is a bolt or a screw. This specification
states that any fastener satisfying one of the

primary criteria shall be identified accordingly, and no further
examination need be made.

Counsel maintains that if industry criteria are to be used, all the
sample fasteners satisfy ANSI/ASME primary criteria 5.3. We disagree. If
a specific industry standard is found to apply, we believe it is an
appropriate reflection of common meaning. To the extent that the more
general ANSI/ASME standard applies, it has not been shown that any of
these fasteners must be assembled with a nut to perform its intended
service. The discussion in ANSI/ASME B 18.2.1 under Explanatory Data
indicates that a bolt is designed for assembly with a nut, but because
of basic design, it is possible to use certain types of screws in
combination with a nut.

Initially, the fillet radius, head angularity or squareness, shank
straightness, thread concentricity and length are normally

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closely controlled in screws. Because none of the submitted drawings
specifies these tolerances, we are unable to apply the above
supplementary criteria with any degree of certainty.

With respect to the first group, represented by the knuckle

bolt, we are unable to apply criteria 6.1. Criteria 6.2 states that a
screw should have a bearing surface that is smooth and flat. A
fastener\'s bearing surface is the supporting or locating surface under
the head with respect to the part which it fastens or with which it
mates. Despite a small groove where the bearing surface meets the shank,
it is clear that the supporting or

locating surface of this sample is both smooth and flat. Head angularity
is the angle created at the junction of the under head bearing surface
and the shank. Under criteria 6.3, the groove on the bearing surface
creates an angle with the shank that is not square. Because of the
ribbed body, it is unclear whether criteria 6.4 applies. Under criteria
6.5, a screw must be particularly straight to permit ready engagement
with an internal thread. The sample has no apparent bow, camber or other
visual deviation from straightness. Criteria 6.6 specifies threads for
screws that are concentric with the body axis within close limits to
permit assembly into a tapped hole. While maximum and minimum pitch
diameters and major diameters are not specified in the drawings, the
threads of this fastener are uniformly spaced and appear to have a
controlled pitch. The threads appear to share a common axis. Under
criteria 6.7, a screw must have a thread length sufficient to develop
the full strength of the fastener in tapped holes in various materials.
Although this fastener is only threaded at the bottom 1 inch of its
shank, it is longitudinally ribbed. This design feature indicates to us
that the thread length, while short when compared with the entire length
of the shank, is nevertheless sufficient to develop the full strength of
the fastener in the narrow application for which the fastener is used.
Criteria 6.8 indicates a screw should have a chamfered or other
specially prepared point to facilitate entry into a hole. The sample
fastener has a blunt chamfered point. Finally, criteria 6.9 indicates
that the length of a screw should be closely toleranced to prevent
bottoming of the fastener in a tapped hole. The presence of the
specially prepared point is consistent with a closely toleranced length.
The knuckle bolt meets at least criteria 6.2 and 6.8 and visually
conforms to at least four of the other secondary criteria for screws.

The second group, represented by the earth bolt, conforms to the metric
screw and washer assembly or \"sem\" designated by IFI standard 531. The
dimensional data for components of sems is found in other standards. The
screw clearly imparts the essential character to this composite article
and is a type T thread cutting tapping screw of the type designated in
IFI standard 502. It has a hex head and a fully threaded fluted point
which is not suitable for use with a nut, but rather for removing
cuttings and dirt from the inside of a tapped hole or

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self formed hole. This fastener is a screw for tariff purposes,
classifiable under the provision for self-tapping screws, in subheading
7318.14.10 or subheading 7318.14.50, HTSUS, depending on shank or thread
diameter.

Samples comprising the third group, the washer bolts, are

also sems. However, there is no specific IFI standard to which the
screws without washers conform. Photographs show that this fastener is
designed to be screwed into a permanently affixed nut. This is not in
conformity with a primary criteria in standard B 18.2.1. We must
therefore apply the supplementary

criteria in B 18.2.1. We are unable to apply criteria 6.1. Criteria 6.2
is inconclusive for the following reasons. Despite the presence of the
washer(s) which makes a visual inspection difficult, the outer part of
the bearing surface of one fastener appears to have a slight ridge which
we would not regard as flat and smooth; a second sample in this group
has a bearing surface that is rough to the touch; however, the third
sample has a bearing surface that visually and by touch is flat and
smooth. Head angularity under criteria 6.3 is the angle created at the
junction of the under head bearing surface and the shank. In two of the
sample fasteners the angle created where the bearing surface meets the
shank has the visual appearance of being square while one does not. This
criteria is therefore inconclusive. Criteria 6.4 does not apply. Under
criteria 6.5, the samples have no bows, cambers or other apparent
deviation from straightness. Under criteria 6.6, a visual inspection
indicates the threads of each sample are evenly spaced and have a
uniform pitch; they appear to share a common axis. Under criteria 6.7,
two of the samples are fully threaded while the third has a 13/16 inch
shank, all but the last 1/4 inch of which is threaded. These fasteners,
therefore, appear to have thread lengths sufficient to develop their
full strength in tapped holes. Under criteria 6.8, one sample has a
specially prepared dog point designed to facilitate entry into a hole
and easy start with the internal thread; the other two have sheared
points which are not specially prepared. This criteria is therefore
inconclusive. Because of the respective points, we are unable to
determine if the screw lengths are closely toleranced as required under
criteria 6.9. In conclusion, these fasteners meet at least supplementary
criteria 6.3, 6.5, 6.6, and 6.7, with the remaining criteria being
either inconclusive or inapplicable. These fasteners, therefore, are
screws for tariff purposes.

The fourth group, flange bolts, is represented by two samples. As to the
supplementary criteria in B 18.2.1, we are unable to apply criteria 6.1.
Under criteria 6.2, the bearing surface of the larger sample is flat and
smooth while the bearing surface of the second sample is rough to the
touch. Despite a groove around the base of the shank of the first sample
where it meets the bearing surface the angle created where the two
surfaces meet has the visual appearance of being square as

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required under criteria 6.3. Because of its rough bearing surface the
head angularity of the second sample is probably not closely controlled.
Criteria 6.4 is inconclusive with respect to the first sample and does
not apply to the second sample. Under criteria 6.5, the shank of each
sample has no bows, cambers or other visual deviations from
straightness. The threads on both samples appear to be evenly spaced and
to have a controlled pitch. The threads have the visual appearance of
sharing a common axis. Criteria 6.7 is inconclusive with respect to the
first sample. The second sample is fully threaded. Under criteria 6.8,
the first sample has a blunt chamfered point that is specially prepared
to facilitate entry into the hole and easy start with the internal
thread. The second sample has a sheared point that is not considered
specially prepared. Under criteria 6.9, because of their respective
points, the length of the first sample is probably closely toleranced to
prevent bottoming of the fastener in a tapped hole while the length of
the second sample is probably not closely toleranced. Fasteners
represented by the first sample have the majority of design
characteristics of screws and should be classified accordingly.
Fasteners represented by the second sample have the majority of design
characteristics of bolts and should be classified accordingly.

The fifth and final group is represented by one sample, the hex bolt. As
to the supplementary criteria in B 18.2.1, we are unable to apply
criteria 6.1. Under criteria 6.2, we find the under head bearing surface
to be rough. The base of the shank appears equally rough. Therefore,
head angularity under criteria 6.3 does not appear to be controlled.
Criteria 6.4 does not apply. Under criteria 6.5, the shank has no bows,
cambers or other visual deviation from straightness. Under criteria 6.6,
the threads appear to be evenly spaced and to have a uniform pitch.
Under criteria 6.7, the fastener is fully threaded. The fastener has a
sheared point which not a specially prepared point under criteria 6.8.
Because of this, there is no indication that the length of this fastener
is closely toleranced as required by criteria 6.9. We conclude that
fasteners represented by the hex bolt have a majority of design
characteristics of bolts and should be classified accordingly.

HOLDING:

The protest is denied as to those fasteners liquidated under the
provision for studs, in subheading 7318.15.50, HTSUS.

Protestant has not contested the liquidation of fasteners represented by
the bumper beam bolt and the flange bolt marked \"957011002008.\" The
protest is denied as to this merchandise.

Fasteners represented by the knuckle bolt and the washer bolts have the
majority of design characteristics of screws. They are classifiable in
subheadings 7318.15.60 or 7318.15.80,

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HTSUS, as appropriate, depending on shank or thread diameter. The
protest is denied as to these fasteners.

Fasteners represented by the earth bolt are self-tapping screws for
tariff purposes. They are classifiable in subheading 7318.14.10 or
7318.14.50, HTSUS, as appropriate. Because the rates under the
respective self-tapping screw provisions are the same as the rates under
the liquidated rates in subheadings 7318.15.60 and 7318.15.80, the
protest is denied as to these fasteners.

Fasteners represented by the flange bolt marked \"9016csfl 0000\" have
the majority of design characteristics of screws and are classifiable in
subheadings 7318.15.60 or 7318.15.80, HTSUS, as appropriate. The protest
is denied as to these fasteners. Fasteners represented by the flange
bolt marked \"95701060 2008\" have the majority of design
characteristics of bolts and are classifiable in subheading 7318.15.20,
HTSUS, as claimed. The protest is allowed as to these fasteners.

Fasteners represented by the hex bolt are classifiable in subheading
7318.15.20, HTSUS, as claimed. The protest is allowed as to these
fasteners.

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

Sincerely,

John Durant, Director

Commercial Rulings Division