CLA-2-73:OT:RR:NC:1:113
Mr. Leslie Alan Glick
Porter Wright Morris & Arthur LLP
1919 Pennsylvania Ave., NW
Suite 500
Washington, DC 20006-3434
RE: The tariff classification of a steel adjustment bolt, adjustment nut, shaft bolt and washer from Japan.
Dear Mr. Glick:
In your letter dated December 15, 2011, you requested a tariff classification ruling on behalf of your client, Aoki Manufacturing Columbus, Inc.
The items under consideration are described as follows:
an adjustment bolt with a maximum diameter of 25.6 mm and a length of 44 mm;
an adjustment nut with a maximum diameter of 25.8 mm and a length of 32.5 mm, it is an internally threaded tube with specially designed gripping features;
a shaft bolt with a maximum diameter of 25.5 mm and a length of 51.2 mm;
an outer plate washer with a maximum diameter of 32.5 mm and a thickness of 4.5 mm.
You have stated that the items are made of carbon steel and used in an automotive rear disc braking caliper system. They function together to adjust brake pressure in the caliper brake system. The adjustment bolt is screwed into the adjustment nut. The shaft bolt pushes the adjustment bolt out of the adjustment nut and towards the brake pad. The washer plate is designed to cradle the ball bearings between the indentations and corresponding indentations of the shaft bolt. The washer functions as a cap to prevent the shaft bolt, adjustment nut and adjustment bolt from popping out of the caliper brake system, it does not distribute the caliper load.
The applicable subheading for the steel adjustment bolts, adjustment nuts, shaft bolts and outer plate washers will be 7326.90.8588, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.
In your ruling request you suggested that the adjustment bolts and shaft bolts be classified in subheading 7318.15.20, HTSUS; the suggested classification for the adjustment nut was subheading 7318.16.00 HTSUS and the proposed classification for the washer was subheading 7318.22.00, HTSUS. The four products work together as a system and are manufactured for use in a brake caliper system. The steep pitched threading of the adjustment bolt allows it to function as an Archimedean screw or worm mechanism. The adjustment bolt is joined to the piston and held in place with a circlip. The adjustment nut does not secure itself to the end of a threaded fastener for the purpose of securing items together. The adjustment nut has a head which holds it in place. The shaft bolt has indentations under the head to secure ball bearings between the shaft bolt and washer plate. The washer moves along the shaft bolt. The shift of the ball bearings held between the shaft bolt and washer plate determines the separation and moves the shaft bolt towards the adjustment nut. The Explanatory Notes of 73.18 exclude “threaded mechanisms, sometimes called screws, used to transmit motion, or otherwise act as an active part of a machine.” The shaft bolt, adjustment bolt and adjustment nut have unique design features allowing for movement of the components and are excluded from heading 7318. The outer plate is not a thin disc placed between a nut and part to be fixed, it does not distribute load and does not perform the function of a washer in heading 7318. Therefore, classification of these items within heading 7318 would not be correct.
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/.
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 Ann Taub (646) 733-3018.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division