CLA-2-73:OT:RR:NC:1:118
Ms. Janine Johnson
Marlowe & Co., Inc.
P.O. Box 90459
Los Angeles, CA 90009
RE: The tariff classification of a stainless steel fastener from Taiwan.
Dear Ms. Johnson:
In your letter dated March 11, 2013, on behalf of Envision Marketing Inc., you requested a tariff classification ruling.
The submitted sample, part number HW18000, is a round flat head bolt measuring ¼ - 20 x .750”. It is made of stainless steel and is fully threaded up to its ribbed neck. You have stated that it will be inserted by hand into pre-drilled holes and tightened with a ¼ - 20 hex nut.
The applicable subheading for part number HW18000 will be 7318.15.2051, 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: bolts and bolts and their nuts or washers entered or exported in the same shipment: having shanks or threads with a diameter of 6 mm or more: other: with round heads: of stainless steel. The duty rate will be free.
Consideration was given to your proposed classification of 7318.15.4000, HTSUS, which provides for machine screws. However, fasteners are classified 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, B18.2.1, which establishes a recommended procedure for determining the identity of an externally threaded fastener as a bolt or screw, using primary and secondary criteria. 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. Part number HW18000 has a flat round head that renders it incapable of being torqued by the head. Therefore, classifications as a machine screw would be incorrect.
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 Anthony Grossi at (646) 733-3021.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division