CLA-2 RR:CR:GC 963159 AML
Mr. Michael Heugel
FASTENAL Company
2001 Theurer Boulevard
Winona, MN 55987
Re: Reconsideration of PC B83642; hangar bolt; studs.
Dear Mr. Heugel:
This is in regard to pre-entry classification determination PC B83642, issued to you by the Customs Area Service Port, Champlain, New York, on April 11, 1997. In that determination, a hangar bolt, item # 1.91, among other articles not relevant herein, was classified under subheading 7318.15.20, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bolts and bolts and their nuts or washers entered or exported in the same shipment, other. Photocopies were forwarded for our examination. We have reviewed the classification of the item and determined that it is incorrect. This ruling sets forth the correct classification.
FACTS:
The item is a hangar bolt made of base metal. It is a singular rod which is threaded at both ends. One end has a wood screw thread and the other end is threaded with a machine screw thread for receiving a nut. The center portion of the article is unthreaded. The end with wood screw thread is driven into a ceiling or wall and another article, i.e., a nut, hook or other article with machine screwed threads is fastened to the protruding end.
ISSUE:
Whether the article should be classified under subheading 7318.15.20, HTSUS, as a bolt; subheading 7318.15.50, HTSUS, as a stud; subheading 7318.15.60, HTSUS, as a screw; or 7318.19.00, HTSUS, as an other threaded article?
LAW AND ANALYSIS:
Classification of imported merchandise is accomplished pursuant to the Harmonized Tariff Schedule of the United States (HTSUS). Classification under the HTSUS is guided by the General Rules of Interpretation of the Harmonized System (GRI's). GRI 1, HTSUS, 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[.]”
The HTSUS heading and 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:
Threaded 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
* * *
7318.15.50 Studs.
7318.15.60 Other.
* * *
7318.19.00 Other.
In PC B83642, you were advised that hangar bolts were classified in subheading 7318.15.20, HTSUS, reasoning that the hangar bolt should be classified according to its eo nomine definition and in compliance with court decisions rendered under the Tariff Schedules of the United States (TSUS). The HTSUS superseded the TSUS in 1989, and in the subsequent years, Customs and the courts have adopted and established criteria to be utilized in the classification of fasteners.
When interpreting and implementing the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. Customs believes the ENs should always be consulted. See, T.D. 89-90, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
In the absence of a recognized industry standard, Customs traditionally classifies fasteners in accordance with their primary design characteristics. This classification criteria is reinforced by an American National Standards Institute (ANSI) specifications which establish a recommended procedure for determining the identity of externally threaded fasteners. See HQ 951362, dated June 24, 1992. ANSI describes bolts and screws as follows:
[a] bolt is an externally threaded fastener designed for insertion through holes in assembled parts, and is normally intended to be tightened or released by torquing a nut.
A screw is an 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.
A bolt is designed for assembly with a nut. A screw has features in its design which makes it capable of being used in a tapped or other preformed hole in the work. Because of the basic design, it is possible to use certain types of screws in combination with a nut. Any externally threaded fastener which has a majority of the 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.
ANSI/ASME (American Society of Mechanical Engineers) B 18.2.1 (1981).
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. While not necessarily encompassing the entire universe of fasteners that may be studs, Customs regards as studs articles that are within this definition, as cited in Fastening Devices, Inc. v. United States, 40 Cust. Ct. 345, C.D. 2004 (1958). See also, in regard to fasteners under consideration, EN 73.18 and S.I. Stud, Inc. v. United States, 17 CIT 661, aff’d, 24 F.3rd 1394 (1994); and Hafele America Co., Ltd. v. United States, 870 F. Supp. 352, 18 CIT 1096 (1994)(in which the Court of International Trade adopted the ANSI definition of “screws” for classification purposes).
The subject item does not meet the above definition of a bolt because it is not designed to be tightened or loosened by torquing a nut, or necessarily to be used with a nut. It cannot be classified as a screw because it does not mate with a preformed internal thread or form its own thread. However, the item does qualify as a stud, since it is capable of housing or supporting another object designed to be fastened to the protruding end. See also, HQs 962644 and 962616 issued this date for similar rulings.
HOLDING:
The Hangar bolt (Item # 1.91) is classified under the subheading 7318.15.50, HTSUS, as a stud.
EFFECT ON OTHER RULINGS:
PC B83642 is modified as set forth in this ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division