HQ 955818

APRIL 14, 1994

CLA-2:CO:R:C:M 955818 JAS

CATEGORY: Classification

TARIFF NO.: 7318.14.10; 7318.14.50; 7318.15.50; 7318.15.60;

7318.15.80

District Director of Customs

55 Erieview Plaza, 6th Fl.

Cleveland, OH 44114

RE: PRD 4115-93-100232; Automotive Fasteners, Self-Tapping

Screw, Subheading 7318.14; Bolts, Machine Screws, Studs,

Other Screws and Bolts, Subheading 7318.15; ANSI B 18.2.1;

HQ 951870, HQ 951995

Dear Sir:

This is our decision on Protest No. 4115-93-100232, filed by

counsel on behalf of Toyota Motor Mfg., U.S.A., Inc., against

your action in classifying certain threaded fasteners from Japan.

The entries in question were liquidated on June 25, 1993, and

this protest timely filed on September 23, 1993.

FACTS:

The merchandise under protest is represented by one hundred

forty four (144) samples. They are threaded steel fasteners, in

various configurations, used in automotive applications. These

fasteners were entered under the provision for bolts, in

subheading 7318.15.20, Harmonized Tariff Schedule of the United

States (HTSUS). Based on their respective design

characteristics, the concerned import specialist reclassified

them either as self-tapping screws, in subheading 7318.14, or as

studs or other screws, in subheading 7318.15. Alternatively,

counsel maintains that certain of the fasteners found to be

screws are in fact machine screws of subheading 7318.15.40.

The provisions 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

\- 2 -

\* \* \* \*

7318.14 Self-tapping screws:

7318.14.10 Having shanks or threads with a diameter of

less than 6 mm\...6.2 percent

7318.14.50 Having shanks or threads with a diameter of

6 mm or more\...9.5 percent

\* \* \* \*

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

\...0.7 percent

\* \* \* \*

7318.15.40 Machine screws 9.5 mm or more in length and

3.2 mm or more in diameter (not including cap

screws)\... 1 cent/kg

\* \* \* \*

7318.15.50 Studs\...4.7 percent

\*\* \* \* \*

7318.15.60 Other screws and bolts having shanks or

threads with a diameter of less than 6 mm

\...6.2 percent

\* \* \* \*

7318.15.80 Other screws and bolts having shanks or

threads with a diameter of 6 mm or more

\...9.5 percent

ISSUE:

Whether the fasteners, or any of them are bolts for tariff

purposes; whether those that are not are classified in any of the

alternative provisions claimed.

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 - 3 -

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, 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.

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 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. A

stud, on the other hand, 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.

As to the application of the primary criteria, while it is

possible to use many of the fasteners in issue with nuts, they

are not necessarily designed for use with a nut. Specification

B 18.2.1 states that because of basic design, it is possible to

use certain types of screws with a nut. The specification states

further that any externally threaded fastener which has the

majority of design characteristics which assist its proper use in

a tapped or other preformed hole is a screw, regardless of how it

is used in its service application.

All threaded fasteners are made to some recognized standard.

Usually, parts manuals or other literature, and sometimes

drawings, will show how a fastener is used in its intended

service application, i.e., with a nut or by torquing the head.

Typically, fillet radius, head angularity or squareness, shank

straightness, thread concentricity, and length are closely

controlled in screws. Drawings will show dimensions and

tolerances that permit us to accurately apply the secondary

criteria in specification B 18.2.1. -4 -

Whether or not drawings are available, they are not in the

protest file. Lacking this, a visual examination is the only

available means of applying the secondary criteria. The

concerned National Import Specialist undertook a painstaking and

time-consuming visual examination of the submitted samples. This

serves as the basis for the following conclusions. Several of

the samples were found to closely resemble broaching studs,

several to closely resemble weld bolts, commonly known as

projection weld studs, and several with free spinning washers

permanently assembled under the head to be assembled screws or

\"sems.\" We will address each class of fasteners separately.

Broaching studs are classifiable in subheading 7318.15.50,

HTSUS, in accordance with HQ 951995, dated September 15, 1992,

the principles of which are incorporated by reference in this

decision. Projection weld studs are similarly classifiable.

Screw and washer assemblies or \"sems\" are described in Industrial

Fastener Institute (IFI) specification 531. They are considered

composite articles for tariff purposes, with the fastener portion

clearly imparting the essential character. HQ 951870, dated

January 29, 1993.

Regarding those fasteners classified in liquidation as self-

tapping screws, the Customs Form 6445 cites HQ 951870 as

authority. That decision, in part, concerned a type T thread

cutting tapping screw of the type described in IFI standard 502.

The fastener had 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 self formed

hole. Those fasteners classified as self-tapping screws appear

to conform to this description.

The remaining fasteners, including the sems, constitute the

majority of the submitted samples. A visual application of the

secondary criteria in specification B 18.2.1 indicates the

following: they all appear to have a controlled fillet; the

bearing surface of each is smooth and flat with a washer face, or

the equivalent, which serves to minimize frictional resistance

and to prevent scoring; all dimensions including body diameter

appear to be closely toleranced; the thread length of each

appears sufficient to develop the full strength of the fasteners

in tapped holes in various materials; most have prepared points

to facilitate their use in tapped holes; the threads have the

visual appearance of being concentric and the bodies of being

straight; and, all appear to have a thread diameter of 6 mm or

more. These fasteners have the majority of the design

characteristics of screws classifiable in subheading 7318.15.80.

Whether any of the samples have characteristics of machine

screws classifiable in subheading 7318.15.40 is inconclusive

based solely on a visual inspection. Because protestant has - 5 -

identified no recognized machine screw standard to which these

samples are claimed to conform, this claim is not substantiated.

HOLDING:

Under the authority of GRI 1, the fasteners in issue are

provided for in heading 7318. They are classifiable as self-

tapping screws, as studs, and as other screws, as appropriate.

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, you should mail this decision,

together with the Customs Form 19, to the protestant no later

than 60 days from the date of this letter. Any reliquidation of

the entry or entries in accordance with the decision must be

accomplished prior to mailing 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 to the public via the

Diskette Subscription Service, Lexis, the Freedom of Information

Act and other public access channels.

Sincerely,

John Durant, Director

Commercial Rulings Division