HQ 951013

    MAY 7, 1992

CLA-2:CO:R:C:M 951013 JAS

CATEGORY: Classification

TARIFF NO.: 7318.15.80

District Director of Customs
610 South Canal Street
Chicago, Illinois 60607

RE: GR 8.2 Boron Hex Flange Grain Bin Bolt; Hex Flange Screw;
IFI Designation 111; PRD 3901-89-001526

Dear Sir:

    This is our decision on Application for Further Review of Protest No. 3901-89-001526, dated November 16, 1989, filed by counsel representing Fullco Industries, Inc. The merchandise is certain threaded fasteners referred to as hex flange grain bin bolts, from Japan.

FACTS:

    The articles in issue come in one of four standard syizes: 3/8 inch-16 x 1 inch, 5/16 inch-18 x 3/4 inch, 5/16 inch-18 x 1 inch, and 5/16 inch-18 x 1 1/4 inch. All have flat points, fully threaded shanks, and hex flange heads. A hex flange head is a circular flange upon which a hexagonal (six flat sides with flat top and flat bearing surface) head is formed.

    These fasteners were entered under the provision for other bolts of iron or steel, in subheading 7318.15.20, Harmonized
Tariff Schedule of the United States (HTSUS). Protestant maintains that these fasteners are bought, sold, and regarded commercially as bolts. These articles are said to be designed for use in the construction of agricultural grain bins. In use, they are inserted through predrilled holes in corrugated sidewall panels to attach the panels to the grain bin frame. They do not mate with a preformed internal thread in a tapped or other preformed hole. These fasteners are designed to engage a nut on the inside and are typically tightened by torquing the nut rather than the head. In addition, the fasteners have specially designed heads to accomodate a vinyl washer which seals the predrilled hole to create a watertight assembly.    - 2 -
        
    Your office determined that the fasteners conformed to the technical specifications of a hex flange screw. Accordingly, the entries were liquidated under the provision for other screws having shanks or threads with a diameter of 6 mm or more, in subheading 7318.15.80, HTSUS.

ISSUE:

    Whether the threaded fasteners under protest have the majority of design characteristics of bolts or screws.

LAW AND ANALYSIS:

    Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 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, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

    
HOLDING:


                        Sincerely,


                        John Durant, Director
                        Commercial Rulings Division