RR:TC:MM 960592 DWS

Port Director of Customs
2831 Talleyrand Avenue
Jacksonville, FL 32206

RE: Protest 1803-97-100007; Deep Threaded Steel Screws; Wood Screws; Self- Tapping Screws; ANSI Standards; GRIs 3(a) and 6; 7318.12.00; 7318.15.60

Dear Port Director:

The following is our decision regarding Protest 1803-97-100007 concerning your action in classifying and assessing duty on deep threaded steel screws under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of deep threaded steel screws (styles 8112FP23DTZ-N, 8114FP23DTZ-N, 81RWSDTZ, 878RWSDTP, 101RWSDTP, and 8114RWS23DTZ). All of the screws are sizes 8 [10 threads per inch (tpi)] or 10 (8 tpi) fasteners, with shanks and/or threads less than 6 mm in diameter. Styles 8112FP23DTZ-N and 8114FP23DTZ-N have flat Phillips heads, are zinc plated and case hardened with undersized bodies, and have 4 nibs under the countersunk head. They are threaded two-thirds of their length. Styles 81RWSDTZ, 878RWSDTP and 101RWSDTP are steel, have round #2 square socket washer heads, and are fully threaded and case hardened. Style 81RWSDTZ is zinc coated, and styles 878RWSDTP and 101RWSDTP are plain finished. Style 8114RWS23DTZ is steel, has a round #2 square socket washer head, is threaded two-thirds of its length, has an undersized body, and is zinc coated and case hardened.

The merchandise was entered on June 7, 1996, under subheading 7318.15.60, HTSUS, as other screws, having shanks or threads with a diameter of less than 6 mm. The entry was liquidated on October 25, 1996, under subheading 7318.12.00, HTSUS, as other wood screws. The protest was timely filed on January 21, 1997.

ISSUE:

Whether the deep threaded steel screws are classifiable under subheading 7318.12.00, HTSUS, as other wood screws, under subheading 7318.14.10, HTSUS, as self-tapping screws, having shanks or threads with a diameter of less than 6 mm, or under subheading 7318.15.60, HTSUS, as other screws, having shanks or threads with a diameter of less than 6 mm.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

The HTSUS provisions under consideration are as follows:

7318.12.00: [s]crews, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: [t]hreaded articles: [o]ther wood screws.

The 1996 general, column one rate of duty for goods classifiable under this provision is 12.5 percent ad valorem.

7318.14.10: . . . : . . . : [s]elf-tapping screws: [h]aving shanks or threads with a diameter of less than 6 mm.

The 1996 general, column one rate of duty for goods classifiable under this provision is 6.2 percent ad valorem.

7318.15.60: . . . : . . . : [o]ther screws and bolts, whether or not with their nuts or washers: [o]ther: [h]aving shanks or threads with a diameter of less than 6 mm.

The 1996 general, column one rate of duty for goods classifiable under this provision is 6.2 percent ad valorem.

The protestant claims that the subject screws are not classifiable as wood screws based upon a passage in the importer's sales literature, which states as follows:

[d]eep thread-reduced body diameter causing less distortion of material, greater pitch angle of threads resist pull out. The increased depth and wide spacing of threads minimizes crumbling of material of material: works extremely well in particle board and plastics.

The protestant states that deep threaded screws such as the subject merchandise are developed for use in materials such as particle board and plastics. He further states that, although deep threaded screws can be used in wood, wood screws do not work well in particle board or plastic. The protestant recognizes that deep threaded screws do not possess a specific American National Standards Institute (ANSI) designation.

Your office claims that the subject merchandise is classifiable as wood screws based upon ANSI requirements for wood screws, and Customs Laboratory Report #4-96-21077, dated June 26, 1996, stating that a sample of the merchandise constitutes a wood screw. It is also our understanding that you claim that the physical description of the subject screws resembles the characteristics of wood screws based upon ANSI standards.

We must first determine whether the subject screws are either wood screws or self-tapping screws. After a review of the ANSI standards for wood screws (ANSI Designation B18.6.1) and tapping screws (ANSI Designation B.18.6.4), it appears that the subject screws most resemble type BP tapping screws. Wood screws typically have a 45 to 50 degree point (gimlet point). Type BP tapping screws typically have a thirty degree point, plus or minus 5 degrees. It is our understanding from literature provided by the protestant that such a point resembles the subject screws. With regard to the subject screws, the size 10 screws have 8 tpi and the size 8 screws have 10 tpi. Wood screws of the same sizes have 13 tpi and 15 tpi, respectively. Particle board screws, which are classifiable in the HTSUS as self-tapping screws, have 9 tpi and 11 tpi, respectively. Listed in the specifications of the subject screws by the protestant is torsion strength. Although torsion strength is an ANSI design specification for tapping screws, it is not one for wood screws. Also, the major diameter tolerances for the size 10 and size 8 screws under consideration is .008 and .007, respectively. The major diameter tolerance for same size wood screws is .011. The major diameter tolerance for same size tapping screws is .007.

Based upon the above comparisons, we find that the subject screws are not described as wood screws under subheading 7318.12.00, HTSUS, but are described as self-tapping screws under subheading 7318.14.10, HTSUS.

We must now ascertain whether the subject screws are classifiable under subheading 7318.14.10, HTSUS, or under subheading 7318.15.60, HTSUS. In part, GRI 3(a) states that:

[t]he heading which provides the most specific description shall be preferred to headings providing a more general description. . .

GRI 6 states that:

[f]or legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and, mutatis mutandis, to the above rules, on the understanding that only subheadings at the same level are comparable. For the purposes of this rule the relative section and chapter notes also apply, unless the context otherwise requires.

It is our position that the designation "self-tapping screws" is more specific than the designation "other screws", the "basket" provision for screws which are not classifiable under the more specific subheading provisions of heading 7318, HTSUS. Therefore, based upon GRIs 3(a) and 6, the subject screws are classifiable under subheading 7318.14.10, HTSUS.

HOLDING:

The deep threaded steel screws are classifiable under subheading 7318.14.10, HTSUS, as self-tapping screws, having shanks or threads with a diameter of less than 6 mm.

As re-classification of the merchandise as indicated above will result in the same rate of duty as claimed, you are instructed to GRANT the protest in full. 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 this 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, Freedom of Information Act, and other public access channels.

Sincerely,

John Durant, Director
Tariff Classification Appeals
Division