HQ 087589: Aircraft Fasteners

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 087589

                                        OCT 16 1990

            CLA-2:CO:R:C:G  087589 JAS

            CATEGORY:   Classification

            TARIFF NO.: 7318.15.80, 7508.00.5000, 8108.90.3060

            Heather Spence
            Mecaero Canada, Inc.
            Usine de Montreal
            2250 Cohen, St. Laurent
            Quebec, Canada H4R 9Z7

            RE:  Aircraft Fasteners

            Dear Ms. Spence:

                 In your letter of June 29, 1990, you inquire as to the
            tariff status of certain aircraft fasteners from Canada.  Our
            ruling follows.

            FACTS:

                 You maintain that all of your fasteners are dedicated to
            the aerospace industry because of the specialized requirements
            (tensile strength, fatigue, hardness, etc.) of that industry.
            Consequently, they should be classified free of duty in
            accordance with New York ruling 848823, dated February 8, 1990.
            This ruling held that hex head bolts of titanium and inconel (a
            nickel, chromium, and iron alloy) were classifiable free of
            duty in subheading 8803.30.0000, Harmonized Tariff Schedule of
            the United States Annotated (HTSUSA), other parts of airplanes.

                 Specifically, you ask that we reconsider New York ruling
            843450, dated August 11, 1990, to your broker, in which hex
            head cap screws (hex bolts) and cross drilled hex head screws
            were held to be classifiable as other screws, bolts, and
            similar articles, of iron or steel, in subheading 7318.15.80,
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            ISSUE:

                 Whether the fasteners in issue are specifically provided
            for in the HTSUSA, or are classifiable as "parts."












                                    - 2 -

            LAW AND ANALYSIS:

                 Merchandise is classifiable under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), 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 such headings
            or notes do not require otherwise, according to GRIs 2 through
            6.

                 Under the authority of GRI 1, HTSUSA, articles the subject
            of New York ruling 843450 are provided for in heading 7318, and
            were correctly classified in subheading 7318.15.80.

                 Concerning ruling 848823, articles otherwise classifiable
            as "parts" and "parts and accessories" in Chapter 88, HTSUSA,
            are precluded from such classification if they qualify as parts
            of general use.  See Section XVII, Note 2(b), HTSUSA.
            Throughout the HTSUSA, the expression "parts of general use"
            means, among other things, articles of heading 7318 and similar
            articles of other base metals.  See Section XV, Note 2(a),
            HTSUSA.  Therefore, fasteners the subject of ruling 843450,
            being "parts of general use," are precluded from classification
            in Chapter 88.

                 There are no equivalent provisions in Chapter 73 or
            elsewhere in the HTSUSA for screws, bolts and similar articles
            of titanium and of inconel.  Under the authority of GRI 1,
            titanium hex head bolts are provided for in heading 8108,
            titanium and articles thereof, including waste and scrap.
            Actual classification is in subheading 8108.90.3060, HTSUSA,
            other articles of titanium.  As an originating good under the
            United States-Canada Free-Trade Agreement, the rate of duty is
            4.4 percent ad valorem.  Because nickel is believed to
            predominate by weight, the iconel hex head bolts are provided
            for in heading 7508 in accordance with GRI 1.  Actual
            classification is in subheading 7508.00.5000, HTSUSA, other
            articles of nickel, dutiable as an originating good under the
            United States-Canada Free-Trade Agreement at the rate of 4.4
            percent ad valorem.

            HOLDING:

                 Hex head cap screws (hex bolts) and cross drilled hex head
            screws are provided for in heading 7318 as indicated.  Hex head
            bolts of titanium and of inconel are provided for,
            respectively, in headings 8108 and 7508.     














                                      - 3 -

            EFFECT ON OTHER RULINGS:

                 New York ruling 843450, dated August 11, 1990, is
            affirmed.  In accordance with section 177.9(d), Customs
            Regulations, New York ruling 848823, dated February 8, 1990, is
            revoked.

                 Copies of the cited legal notes are enclosed for your
            convenience.


                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division

            Enclosures