HQ 957549

MAY 12, 1995

CLA-2 R:C:M 957549 JAS

CATEGORY: Classification

TARIFF NO.: 7318.15.50

Ms. Stephanie Moody
Gulfstream Aerospace Corporation
P.O. Box 2206
Savannah, GA 31402-2206

RE: PC 871850 Modified; Dowel, Threaded Fastener of Stainless
Steel Used With Exhaust Collector and Muffler; Aluminum Pipe
Fitting, Subheading 7609.00.00; Stud, Common Meaning,
Fastening Devices, Inc. v. United States

Dear Ms. Moody:

In your letter of January 9, 1995, you request a ruling on a
dowel from the UK. This article was among the components of an
exhaust collector nozzle the subject of pre-entry classification
decision (PC) 871850, dated April 13, 1992, from the District
Director of Customs, El Paso, TX.

The dowel was classified in PC 871850 as an aluminum tube or
pipe fitting in subheading 7609.00.00, Harmonized Tariff Schedule
of the United States (HTSUS). You ask that we consider the
provision for other parts of turbojets or turbopropellers, in
subheading 8411.91.90, HTSUS.

FACTS:

The article in question is identified in submitted
literature as part # PU15247. You state it is used for
installing an exhaust collector and muffler to Rolls Royce aero
engines. This article is a cylindrical fastener of stainless
steel, nearly 1 1/2 inches long. One end of the shank is
unthreaded and tapered and the other end threaded with a nut
attached.

The provisions 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:
 - 2 -

Threaded articles:

7318.15 Other screws and bolts, whether or
not with their nuts and washers:

7318.15.50 Studs...3.8 percent

* * * *

7609.00.00 Aluminum tube or pipe fittings (for example,
couplings. elbows, sleeves)...5.7 percent

* * * *

8411 Turbojets, turbopropellers and other gas
turbines, and parts thereof:

Parts:

8411.91 Of turbojets or turbopropellers:

8411.91.90 Other...3 percent

ISSUE:

Whether the dowel is part of a turbojet for tariff purposes

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.

Goods that are identifiable as parts of machines, equipment
or apparatus of chapters 84 or 85 are classifiable in accordance
with Section XVI, Note 2, HTSUS, to the extent the note is
applicable. Articles that are integral, constituent or component
parts without which the article with which they are used cannot
function have been held to be "parts" for tariff purposes.
Dowels of the type in issue perform a fastening or joining
function. There is no evidence that they are integral,
constituent or component parts necessary to the proper function
or operation of an exhaust collector, muffler or engine.

A stud 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  - 3 -

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).

The submitted parts list identifies the dowel as part # PU
15247, but the schematic does not describe its service
application. Nevertheless, because the dowel comports with the
above description, it is within the common meaning of the term
stud for tariff purposes.

HOLDING:

Under the authority of GRI 1, the dowel, part # PU15247,
is provided for in heading 7318. It is classifiable as a stud of
iron or steel, in subheading 7318.15.50, HTSUS.

PC 871850, dated April 13, 1992, is modified accordingly.


Sincerely,


John Durant, Director
Commercial Rulings Division