CLA-2-73:OT:RR:NC:1:118

Ms. Linnea Bucher
Hyundai Motor America
10550 Talbert Avenue
P.O. Box 20850
Fountain Valley, CA 92728-0850

RE: The tariff classification of steel fasteners from South Korea.

Dear Ms. Bucher:

In your letter dated September 1, 2010, you requested a tariff classification ruling.

You submitted five samples for review. You have stated that each of these screws are made of steel and are not used with a nut. They are all greater than 6 mm in diameter. Part number 22460-39810 is described as a “Bolt-Head Co.” This screw has a hex flange head. There is an added component to this screw that has a smooth hollow shank with a circular washer. This component fits around the shank of the hex flange screw between the head and threads of the fastener. Part number 43213-22600 is described as a “Bolt-Special.” This screw has a hex washer head. Part number 55117-3F000 is described as a “Bolt Flange.” It has a hex flange head. Part number 79359-3K000 is described as a “Bolt.” Part number 97831-22060 is described as “Bolt-A/C Pul.”

The applicable subheading for part numbers 22460-39810, 43213-22600 and 55117-3F000 will be 7318.15.8066, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: other screws and bolts, whether or not with their nuts or washers: other: having shanks or threads with a diameter of 6 mm or more: other: other: with hexagonal heads: other: cap screws The duty rate will be 8.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on part numbers 79359-3K000 and 97831-22060. Your request for a classification ruling should include drawings of each screw listing their specific dimensions. Describe in detail what part number 79359-3K000 is fastening and its intended function. The drawing you submitted with part number 97831-22060 does not correctly identify this part number. What is the purpose/function of the gap between the head and circular section? When this information is available, you may wish to consider resubmission of your request. We are returning the related samples. If you decide to resubmit your request, please include all of the material that we have returned to you.

You have requested guidance with the definition of a cap screw and distinguishing characteristics of fasteners. A cap screw will have a washer face or its equivalent (chamfered corners) on the underside of the head of a screw. See Heads and Threads, Inc. v. United States, C.D. 3412, aff'd. C.A.D. 960 (1969). This definition, along with other classification guidance, can be found in the Informed Compliance Publication titled “Fasteners of Heading 7318” found at http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division