HQ 0087899 - Reconsideration of New York Ruling 848823, hex head bolts made of titanium and inconel imported from Canada for use in civil aircraft; parts of general use excluded from Section XVII; Section XV, Note 2 - United States International Trade Commision Rulings

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HQ 087899

November 29, 1990

CLA-2 CO:R:C:G 087899 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 7508.00.50, 8108.90.30

Ms. Tracy A. Ellman
C.J. Tower Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: Reconsideration of New York Ruling 848823, hex head bolts made of titanium and inconel imported from Canada for use in civil aircraft; parts of general use excluded from Section XVII; Section XV, Note 2

Dear Ms. Ellman:

This office has been requested to reconsider New York Ruling 848823 ("NY 848823"), dated February 8, 1990, which concerned the classification of certain hex head bolts. The following is our response.

FACTS:

The articles in question are hex head bolts made of titanium and inconel. The bolts are to be used in civil aircraft. NY 848823 classified the bolts under subheading 8803.30.00, Harmonized Tariff Schedule of the United States Annotated ("HTSUSA"), as parts of airplanes.

ISSUE:

Whether the hex head bolts are properly classified as parts of airplanes under subheading 8803.30.00, or whether they should be classified according to their constituent materials.

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation ("GRIs"). GRI 1, HTSUSA, 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..." NY 848823 classified the hex head bolts under heading 8803. Heading 8803 is found within Section XVII, HTSUSA. Therefore, the Section XVII notes must be examined.

Section XVII, Note 2(b), HTSUSA, states "Parts of general use, as defined in note 2 to section XV, of base metal (section XV)" are excluded from classification within Section XVII. Section XV, Note 2(a), HTSUSA, states that "parts of general use" includes "articles of...heading 7318 and other similar articles of other base metals..." Heading 7318, HTSUSA, describes in part "Screws, bolts, nuts...and similar articles...of iron or steel..." (emphasis added).

The hex bolts in question are similar to the bolts made of iron or steel in heading 7318. Such articles are excluded from classification within Section XVII, and subsequently heading 8803. Therefore, the classification under heading 8803 as parts of airplanes was incorrect.

Since the hex head bolts in question cannot be classified according to their use, they must be classified according to their constituent materials. The proper classification for the hex head bolts made of titanium is in subheading 8108.90.30, HTSUSA, as "Titanium and articles thereof...Other..." The proper classification for the hex head bolts made of inconel is subheading 7508.00.50, HTSUSA, as "Other articles of nickel... Other..."

HOLDING:

The hex head bolts made of titanium and inconel are excluded from classification in heading 8803 as airplane parts, because they are parts of general use in accordance with Section XVII, Note 2(b). Section XV requires that parts of general use made of base metals are classified according to their constituent materials. The proper classification for the hex head bolts made of titanium is in subheading 8108.90.30, HTSUSA, as "Titanium and articles thereof...Other..." The proper classification for the hex head bolts made of inconel is subheading 7508.00.50, HTSUSA, as "Other articles of nickel... Other..."

NY 848823 is revoked in accordance with Customs Regulation 177.9(d), 19 C.F.R. 177.9(d).

This office recognizes that pending transactions may be adversely affected by this revocation. Should this situation arise, you may notify this office and apply for temporary relief
from the binding effects of this ruling. Such a request would be pursuant to Customs Regulation 177.9(d)(3), 19 C.F.R.

Sincerely,

John Durant, Director
Commercial Rulings Division

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