Protest 3501-97-100069; Barr Bolts 5/32 and GRS, Male with Logo Screw; Subheading 9506.70.20; Section XV, Note 2(a); Chapter 95, Note 1(k); General Explanatory Note (C) to Section XV; Explanatory Note 73.18; Roller skates and parts and accessories thereof; Other screws, having shanks or threads with a diameter of less than 6 mm.

HQ 960893 October 30, 1998 CLA-2 RR:CR:GC 960893 HMC CATEGORY: Classification TARIFF NO.: 7318.15.60/7318.16.00 Port Director of Customs 110 S. 4th St. Minneapolis, MN 55401 RE: Protest 3501-97-100069; Barr Bolts 5/32 and GRS, Male with Logo Screw; Subheading 9506.70.20; Section XV, Note 2(a); Chapter 95, Note 1(k); General Explanatory Note (C) to Section XV; Explanatory Note 73.18; Roller skates and parts and accessories thereof; Other screws, having shanks or threads with a diameter of less than 6 mm. Dear Port Director: This is our decision on Protest 3501-97-100069, filed against your classification of certain bolts and screws. The entry under protest was liquidated on February 14, 1997, and this protest timely filed on May 15, 1997. FACTS: The merchandise under protest is described by the importer as the barr bolt 5/32, barr bolt GRS, part numbers 200 and 225, and a screw identified as a “male with logo.” The barr bolts and screw are made of carbon steel and have a black zinc chromate finish. The bolts are partly hollowed and the hole is threaded almost its complete depth with a 10/32-UNF-2B threading. The head is designed to accommodate a 1/8 inch hex socket wrench. The “male with logo,” part 201532, is described as a truss head screw, 10X32. The importer states that the merchandise is hardware made for in-line skates. The merchandise was entered in 1996 under a provision for roller skates and parts and accessories thereof under subheading 9506.70.20 of the Harmonized Tariff Schedule of the United States (HTSUS). However, the entries were liquidated under subheading 7318.19.00, HTSUS, as other threaded articles. The 1996 HTSUS 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: Threaded articles: 7318.15 Other screws and bolts, whether or not with their nuts or washers: Other: Having shanks or threads with a diameter of less than 6 mm...6.2% 7318.16.00 Nuts...0.1% * * * * 9506 Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and wading pools; parts and accessories thereof: 9506.70 Ice skates and roller skates, including skating boots with skates attached; parts and accessories thereof: 9506.70.20 Roller skates and parts and accessories thereof...Free ISSUE: Whether the barr bolts and the “male with logo” screws are classifiable as parts of general use under subheadings 7318.15.60 and 7318.16.00, HTSUS, or as parts for roller skates under subheading 9506.70.20, HTSUS. LAW AND ANALYSIS: Merchandise is classifiable under the 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. Protestant claims that the merchandise is described by heading 9506, HTSUS, because it is specifically made for use with in-line skates. Chapter 95, Note 1(k), HTSUS, states that Chapter 95 does not cover parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV), or similar goods of plastics (chapter 39). Section XV, Note 2 provides, in part, that “parts of general use” are articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metals. Accordingly, we must determine whether the bolts and screws are parts of general use. The Harmonized Commodity Description And Coding System Explanatory Notes (EN’s) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the EN’s provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the EN’s should always be consulted. See T.D. 8980, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). General EN (C) to Section XV, HTSUS, at page 1061, provides: PARTS OF ARTICLES In general, identifiable parts of articles are classified as such parts in their appropriate headings in the Nomenclature. However, parts of general use (as defined in Note 2 to this Section) presented separately are not considered as parts of articles, but are classified in the headings of this Section appropriate to them. This would apply, for example, in the case of bolts specialized for central heating radiators or springs specialized for motor cars. The bolts would be classified in heading 73.18 (as bolts) and not in heading 73.22 (as parts of central heating radiators). The springs would be classified in heading 73.20 (as springs) and not in heading 87.08 (as parts of motor vehicles). We disagree with protestant’s contention that the merchandise is suitable only for use with in-line skates. It is Customs position that, even though the subject articles are made for use with in-line skate, they are not so unique as to make them suitable only for that purpose. Furthermore, as is made clear in the examples provided by EN(C) to Section XV (see also Headquarters Rulings (HQs) 083123, dated December 18, 1989, 086222, dated April 2, 1990, and 959963, dated June 10, 1997), regardless of the specialized nature of the articles, if they are described by heading 7318, they are treated as “parts of general use” and classified in heading 7318 on the basis on Note 1(k), Chapter 95, and Note 2, Section XV. EN 73.18, at page 1116, states that (A) SCREWS, BOLTS AND NUTS Bolts and nuts (including bolt ends), screw studs and other screws for metal, whether or not threaded or tapped, screws for wood and coachscrews are threaded (in the finished state) and are used to assemble or fasten goods so that they can readily be disassembled without damage. Bolts and screws for metal are cylindrical in shape, with a close and only slightly inclined thread; they are rarely pointed, and may have slotted heads or heads adapted for tightening with a spanner or they may be recessed. 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 length whereas bolts usually have a part of the shank unthreaded. The heading includes all types of fastening bolts and metal screws regardless of shape and use, including Ubolts, bolt ends (i.e., cylindrical rods threaded at one end), screw studs (i.e., short rods threaded at both ends), and screw studding (i.e., rods threaded throughout). The subject bolts and screws meet the above description. We thus find that the barr bolts and “male with logo” screws are parts of general use, described by heading 7318, HTSUS. The merchandise is included in heading 7318 regardless of shape, use or specialized design. The barr bolts are classifiable under subheading 7318.16.00, HTSUS, as nuts. The “male with logo” screws are classifiable under subheading 7318.15.60, HTSUS, as other screws, having shanks or threads with a diameter of less than 6 mm. Since the merchandise is described by heading 7318, it is precluded from classification in heading 9506, HTSUS. HOLDING: Under the authority of GRI 1, the barr bolt 5/32 and barr bolt GRS, part numbers 200 and 225 are classifiable under subheading 7318.16.00, HTSUS, as nuts. The 1996 rate of duty for subheading 7318.16.00 is 0.1%. The screw referred as “male with logo” is classifiable under subheading 7318.15.60, HTSUS, as other screws and bolts, whether or not with their nuts or washers: other: having shanks or threads with a diameter of less than 6 mm. The 1996 rate of duty for subheading 7318.15.60 is 6.2%. This protest should be DENIED, except to the extent reclassification of the merchandise as indicated above results in a partial allowance (i.e., for the bolts at 0.1% ad valorem instead of 5.7% ad valorem). In accordance with Section 3A(11)(b) of Customs Directive 099 3550065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the Protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision, the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels. Sincerely, John Durant, Director Commercial Rulings Division