CLA-2 CO:R:C:M 955744 RFA
District Director
U.S. Customs Service
6747 Engle Road
Middleburg Heights, OH 44130
RE: Protest 4103-93-100167; Automotive Fasteners; Bolts; Machine
Screws; Studs; "SEMS"; HQs 026742, 951995, 955818
Dear District Director:
The following is our decision regarding the request for
further review of Protest 4103-93-100167, which concerns the
classification of automotive fasteners under the Harmonized
Tariff Schedule of the United States (HTSUS). The subject
entries were liquidated on April 23 and 30 and May 7, 1993. The
protest was timely filed on July 16, 1993.
FACTS:
The subject merchandise are automotive fasteners which are
categorized into four (4) different groups based upon their
similar configurations. They are identified as Group C, Group D,
Group E, and Group F.
Group C contains three (3) types of fasteners which have a
head design coupled with longitudinal threads to anchor the
subject fasteners in holes and keep them from turning during
tightening. They are designed to be fixed in place to provide a
threaded protuberance to which other things can be attached by
means of nuts or otherwise. The Group C fasteners were entered
as bolts under subheading 7318.15.20, HTSUS. The entry of Group
C was liquidated under subheading 7318.15.50, HTSUS, as steel
studs.
Group D contains fifteen (15) types of fasteners with one or
two free spinning washers "assembled" under the head. The
washers cannot be removed because they were placed on the shank
before the threads were rolled. Fasteners of this type are
called "assembled screws" or "SEMS". All of the fasteners except
for one (hereinafter "D11") have chamfered corners on the
underside of hexagon shaped heads. This underhead chamfer is a
design characteristic which is the equivalent of a washer face.
D11 has no washer face or equivalent, it has a coarse sheared
point, and a coarsely formed underhead fillet. Group D was
entered as machine screws under subheading 7318.15.40, HTSUS.
The entry of Group D was liquidated under subheadings 7318.15.60
and 7318.15.80, HTSUS, as other screws depending on the diameter
of the shank or thread.
Group E contains six (6) different types of fasteners.
Three sets of fasteners, labeled as E1, E3, and E6, are washer
head screws. Two sets of fasteners, labeled as E4 and E5, are
steel socket flange head screws. One fastener, labeled as E2, is
a steel cross-recessed flat countersunk screw. Group E was
entered as machine screws under subheading 7318.15.40, HTSUS.
The entry of Group E was liquidated under subheadings 7318.15.60
and 7318.15.80, HTSUS, as other screws depending on the diameter
of the shank or thread.
Group F contains twelve (12) types of fasteners referred to
as projection weld bolts or as projection weld screws. They were
entered as bolts under subheading 7318.15.20, HTSUS. The entry
of Group F was liquidated under subheading 7318.15.50, HTSUS, as
studs.
The subheadings 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: [t]hreaded articles:
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
. . . .
Goods classifiable under this provision have a general,
column one rate of duty of 0.7 percent ad valorem.
7318.15.40 Machine screws 9.5 mm or more in length and
3.2 mm or more in diameter (not including cap
screws) . . . .
Goods classifiable under this provision have a general,
column one rate of duty of $.01/kg.
7318.15.50 Studs . . . .
Goods classifiable under this provision have a general,
column one rate of duty of 4.7 percent ad valorem.
7318.15.60 Other: [h]aving shanks or threads with a
diameter of less than 6 mm . . . .
Goods classifiable under this provision have a general,
column one rate of duty of 6.2 percent ad valorem.
7318.15.80 Other: [h]aving shanks or threads with a
diameter of 6 mm or more . . . .
Goods classifiable under this provision have a general,
column one rate of duty of 9.5 percent ad valorem.
ISSUE:
Whether the fasteners are classifiable as bolts, studs or
other screws under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.
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. See HQ 955818 (April 14, 1994).
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 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 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.
The protestant claims that the Group C fasteners are eo
nomine provided for as bolts. These fasteners have a head design
coupled with the longitudinal threads that anchors the subject
fasteners in the holes and keep them from turning during
tightening. The concerned National Import Specialist (NIS)
examined these fasteners and concluded that they are steel
broaching studs because they are designed to be fixed in place to
provide a threaded protuberance to which other things can be
attached by means of nuts or otherwise. In HQ 951995, dated
September 15, 1992, Customs held that steel broaching studs like
those in Group C are classifiable under subheading 7318.15.50,
HTSUS, as studs. Therefore, we find that the Group C fasteners
are classifiable under subheading 7318.15.50, HTSUS.
The Group D fasteners are "SEMS", consisting of different
components (a screw and one or two washers). Because "SEMS" are
composite goods, classification is controlled by GRI 3(b). The
protestant and Customs agree that the essential character of the
"SEMS" is imparted by the screw portion. The protestant believes
that the Group D fasteners should be classified as machine
screws. You indicate that the Group D fasteners meet the
definition of cap screws for tariff purposes.
All of the Group D fasteners except for one have chamfered
corners on the underside of hexagon shaped heads. This underhead
chamfer is a design characteristic which is the equivalent of a
washer face. Customs has a long-standing practice of
distinguishing machine screws from cap screws based on the
presence of a washer face or its equivalent on the underside of
the head. See Heads and Threads, Div. of MSL Industries, Inc. v.
United States, C.A.D. 960, 417 F.2d 637 (1969)(hereinafter "Heads
and Threads).
In Heads and Threads, the Court determined that chamfered
corners on the underside of the head are the equivalent of a
washer face. The purpose of the washer face is to keep the edge
of the fastener head from gouging the work, and the chamfers on
the sharp corners on the underside of a hex head fastener serve
the same purpose. The flange on a washer head screw and the
flange on a flange head screw also serve the same purpose.
Because all of the fasteners in Group D, except for D11, have
chamfered corners on the underside of hexagon shaped heads,
classification under the provision for machine screws is
precluded. The Group D fasteners, except for D11, are provided
for under subheadings 7318.15.60 and 7318.15.80, HTSUS, depending
on the length of the shank.
The fastener, labeled as D11, does not have a washer face or
its equivalent. Instead, it has a coarse sheared point, and a
coarsely formed underhead fillet. The protestant did not submit
ordering specifications of D11 to support his claim. Therefore,
the protest for the classification of D11 shall be denied.
After examining the samples submitted for Group E, the
concerned NIS determined that the Group E fasteners have the
appearance of cap screws. As stated above, cap screws are classifiable under subheadings 7318.15.60 and 7318.15.80, HTSUS,
depending on the length of the shank.
The fasteners in Group F all have specially designed heads
which are intended to be welded in place on a metal surface,
leaving the threaded protuberance to which other items can be
attached by means of a nut. Under the Tariff Schedules of the
United States (TSUS), the precursor to the HTSUS, we consistently
held that projection weld studs were classifiable under item
646.57, TSUS (the precursor provision to subheading 7318.15.50,
HTSUS), which provided for studs. See HQ 026742 (May 9, 1973); NY
820167 (September 17, 1986).
Congress has indicated that earlier rulings must not be
disregarded in applying the Harmonized Code. The conference
report to the Omnibus Trade Bill states that on a case by case
basis prior decisions should be considered instructive in
interpreting the HTSUS, particularly where the nomenclature
previously interpreted in those decisions remains unchanged and
no dissimilar interpretation is required by the text of the
HTSUS. H.Rep No. 100-576, 100th Cong., 2D Sess. 548 (1988) at
550. The description for studs under the HTSUS does not
materially differ from item 646.57, TSUS, which provides for
studs. Therefore, we find that the Group F projection weld studs
are classifiable under subheading 7318.15.50, HTSUS, which
provides for studs.
HOLDING:
For the foregoing reasons, the fasteners in issue are
provided for in heading 7318, HTSUS. They are classifiable as
studs, and as other screws, as indicated above.
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, this decision, together with the
Customs Form 19, should be mailed by your office to the
protestant no later than 60 days from the date of this letter.
Any reliquidation of the entry in accordance with the decision
must be accomplished prior to mailing of 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 the public
via the Diskette Subscription Service, Lexis, Freedom of
Information Act and other public access channels.
Sincerely,
John Durant, Director
Commercial Rulings Division