HQ 087589

OCT 16 1990

CLA-2:CO:R:C:G 087589 JAS

Heather Spence
Mecaero Canada, Inc.
Usine de Montreal
2250 Cohen, St. Laurent
Quebec, Canada H4R 9Z7

RE: Aircraft Fasteners

Dear Ms. Spence:

In your letter of June 29, 1990, you inquire as to the tariff status of certain aircraft fasteners from Canada. Our ruling follows.

FACTS:

You maintain that all of your fasteners are dedicated to the aerospace industry because of the specialized requirements (tensile strength, fatigue, hardness, etc.) of that industry. Consequently, they should be classified free of duty in accordance with New York ruling 848823, dated February 8, 1990. This ruling held that hex head bolts of titanium and inconel (a nickel, chromium, and iron alloy) were classifiable free of duty in subheading 8803.30.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), other parts of airplanes.

Specifically, you ask that we reconsider New York ruling 843450, dated August 11, 1990, to your broker, in which hex head cap screws (hex bolts) and cross drilled hex head screws were held to be classifiable as other screws, bolts, and similar articles, of iron or steel, in subheading 7318.15.80, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

ISSUE:

Whether the fasteners in issue are specifically provided for in the HTSUSA, or are classifiable as "parts."

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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 such headings or notes do not require otherwise, according to GRIs 2 through 6.

Under the authority of GRI 1, HTSUSA, articles the subject of New York ruling 843450 are provided for in heading 7318, and were correctly classified in subheading 7318.15.80.

Concerning ruling 848823, articles otherwise classifiable as "parts" and "parts and accessories" in Chapter 88, HTSUSA, are precluded from such classification if they qualify as parts of general use. See Section XVII, Note 2(b), HTSUSA. Throughout the HTSUSA, the expression "parts of general use" means, among other things, articles of heading 7318 and similar articles of other base metals. See Section XV, Note 2(a), HTSUSA. Therefore, fasteners the subject of ruling 843450, being "parts of general use," are precluded from classification in Chapter 88.

There are no equivalent provisions in Chapter 73 or elsewhere in the HTSUSA for screws, bolts and similar articles of titanium and of inconel. Under the authority of GRI 1, titanium hex head bolts are provided for in heading 8108, titanium and articles thereof, including waste and scrap. Actual classification is in subheading 8108.90.3060, HTSUSA, other articles of titanium. As an originating good under the United States-Canada Free-Trade Agreement, the rate of duty is 4.4 percent ad valorem. Because nickel is believed to predominate by weight, the iconel hex head bolts are provided for in heading 7508 in accordance with GRI 1. Actual classification is in subheading 7508.00.5000, HTSUSA, other articles of nickel, dutiable as an originating good under the United States-Canada Free-Trade Agreement at the rate of 4.4 percent ad valorem.

HOLDING:

Hex head cap screws (hex bolts) and cross drilled hex head screws are provided for in heading 7318 as indicated. Hex head bolts of titanium and of inconel are provided for, respectively, in headings 8108 and 7508.

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EFFECT ON OTHER RULINGS:

New York ruling 843450, dated August 11, 1990, is affirmed. In accordance with section 177.9(d), Customs Regulations, New York ruling 848823, dated February 8, 1990, is revoked.

Copies of the cited legal notes are enclosed for your convenience.


Sincerely,

John Durant, Director
Commercial Rulings Division

Enclosures