Reconsideration Of NY Ruling 852310 (May 15, 1990); Bolts; Screws; Automotive Side Battery Bolts; Terminals

HQ 087743 November 30, 1990 CLA-2 CO:R:C:G 087743 CMS CATEGORY: Classification TARIFF NO.: 7318.15.20 7318.15.80 Mr. Bernard D. Liberati General Manager Morris Friedman & Co. 320 Walnut Street Philadelphia, PA 19106-3883 RE: Reconsideration Of NY Ruling 852310 (May 15, 1990); Bolts; Screws; Automotive Side Battery Bolts; Terminals Dear Mr. Liberati, This is in response to your request on behalf of MSW International, Inc., dated August 8, 1990, for the reconsideration of NY Ruling 853210 (May 15, 1990). Our ruling follows. FACTS: The merchandise is described by the importer as a "side battery bolt". The "bolt" is used in the automotive after market in the replacement of battery terminals. The article is screwed into the existing tapped hole in the side of the battery from which the terminal being replaced is removed. The "bolt" is made of carbon steel. It is approximately 1" long and has a shank and a head. The shank is approximately 7/16" long, 3/8" in diameter and is threaded over more than half its length. The head is an oversized flange hex head with the circular flange portion measuring approximately 3/4" in diameter. A shoulder above the flange is circular and measures approximately 1/2" in diameter and 3/16" in height. Atop the shoulder is a hex head which measures approximately 5/16" across the flats. ISSUE: Is the merchandise classified as a bolt in 7318.15.20, HTSUSA, or as a screw in 7318.15.80, HTSUSA? -2- LAW AND ANALYSIS: NY Ruling 852310 held that the merchandise had the design characteristics of a screw and was classified as a screw in 7318.15.80, HTSUSA. In the August 8, 1990 request for reconsideration, it is argued that the article performs the duties of a bolt. It is stated that the article holds the battery terminals in an automobile like a bolt, and that it is the requestor's opinion that screws are normally used to make a hole and then hold two items together. It is stated that bolts are normally used with nuts unless the item has a built in bolt setup. The Explanatory Notes to Heading 7318, p. 1028, provide that both bolts and screws "...are threaded (in the finished state) and are used to assemble or fasten goods so that they can readily be disassembled without damage". It is further provided at p. 1028 that screws are not necessarily used to make holes, but can be screwed into tapped holes. For example, for bolts and screws for metal, "...[a] bolt is designed to engage in a nut, whereas screws for metal are more usually screwed into a hole tapped in the material to be fastened and are therefore generally threaded throughout their entire length whereas bolts usually have a part of the shank unthreaded". The articles under consideration have more of the features of screws than bolts. The articles are screwed into tapped holes. In their principal use as a "side battery bolt" they are not designed to engage a nut. The shank is not threaded throughout its entire length but this is not because the shank is inserted through a hole to engage a nut on the other side like a bolt; the threaded portion of the shank is designed to be screwed into a tapped hole like a screw. NY Ruling 852310 (May 15, 1990) correctly held that the "side battery bolt" was classified as a screw having a shank or thread with a diameter of 6 mm or more, in 7318.15.80, HTSUSA. HOLDING: NY Ruling 852310 (May 15, 1990) correctly held that the "side battery bolt" was classified as a screw having a shank or thread with a diameter of 6 mm or more, in 7318.15.80, HTSUSA, and is affirmed. Sincerely, John Durant, Director Commercial Rulings Division