Slip Op. 00 - 112
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: RICHARD W. GOLDBERG, JUDGE
ROCKNEL FASTENER, INC.,
Plaintiff,
v. Court No. 97-10-01702
UNITED STATES,
Defendant.
[Plaintiff’s motion for summary judgment denied. Defendant’s
motion for summary judgment granted. Judgment entered for
defendant.]
Dated: August 29, 2000
Sonnenberg & Anderson (Steven P. Sonnenberg), for
plaintiff.
David W. Ogden, Acting Assistant Attorney General; Joseph
I. Liebman, Attorney in Charge, International Trade Field
Office, Commercial Litigation Branch, Civil Division, United
States Department of Justice; Amy M. Rubin, Attorney,
International Trade Field Office, Commercial Litigation
Branch, Civil Division, United States Department of Justice;
Sheryl A. French, of counsel, Office of Assistant Chief
Counsel, International Trade Litigation, United States Customs
Service; for defendant.
OPINION
GOLDBERG, Judge: This matter is before the Court on
cross-motions for summary judgment. Plaintiff, Rocknel
Fastener Inc. (“plaintiff”), challenges the United States
Customs Service’s (“Customs”) classification of certain
Court No. 97-10-01702 Page 2
fasteners as screws “[h]aving shanks or threads with a
diameter of 6 mm or more” under subheading 7318.15.80 of the
Harmonized Tariff Schedule of the United States (1997)
(“HTSUS”). Plaintiff claims the imported fasteners should
instead be classified as “[b]olts and bolts and their nuts or
washers” under HTSUS subheading 7318.15.20.
The Court exercises jurisdiction over this matter
pursuant to 28 U.S.C. § 1581(a) (1994). For the reasons that
follow, the Court grants defendant’s motion for summary
judgment and denies plaintiff’s motion for the same.
I.
BACKGROUND
The merchandise at issue consists of 561 different
industrial, externally threaded fasteners from Japan. See
Pl.’s Mem. of Law in Supp. of its Mot. for Summ. J. (“Pl.’s
Br.”), at 1; Def.’s Mem. in Supp. of its Cross-Mot. for Summ.
J. and in Opp’n to Pl.’s Mot. for Summ. J. (“Def.’s Br.”), at
1. The fasteners are fabricated from metal alloys, see Pl.’s
1
In their Joint Summary of Part Numbers and Entries
at Issue (Oct. 27, 1999), the parties agree that 59 products
are at issue. This opinion deals with 56 products, because
defendant now contends that samples 2, 9, and 59 should be
reclassified. See Def.’s Br., at 39 n.37, 40. Samples 2, 9,
and 59 are addressed separately in the order accompanying this
opinion.
Court No. 97-10-01702 Page 3
Br., at 1; Def.’s Br., at 1, and are designed to hold or
fasten components of a finished product together. See Pl’s
Statement of Material Facts to Which There Is No Genuine
Triable Issue (“Pl.’s Stmt. Mat’l Facts”), at ¶17; Def.’s
Resp. to Pl.’s Statement of Material Facts as to Which There
Are No Genuine Issues to Be Tried (“Def.’s Resp. to Pl.’s
Facts”), at ¶17.
The fasteners are rod- or pin-shaped, and are threaded on
one end. See Pl.’s Stmt. Mat’l Facts, at ¶10, ¶12; Def.’s
Resp. to Pl.’s Facts, at ¶10, ¶12. The diameter of each
fastener’s threads measures six millimeters or more. See
Pl.’s Stmt. Mat’l Facts, at ¶9; Def.’s Resp. to Pl.’s Facts,
at ¶9.
The fasteners also have a “head” on the end of the pin
opposite the threads. See Pl.’s Stmt. Mat’l Facts, at ¶11;
Def.’s Resp. to Pl.’s Facts, at ¶11. The fasteners were
designed to be, and are installed by, torquing these heads.
See Def.’s Statement of Additional Material Facts as to Which
There Are No Genuine Issues to Be Tried (“Def.’s Stmt. Add’l
Facts”), at ¶32, ¶33; Pl.’s Resp. to Def.’s Statement of
Material Facts Not in Issue (“Pl.’s Resp. to Def.’s Facts”),
at ¶32, ¶33.
Plaintiff entered the subject fasteners into the United
Court No. 97-10-01702 Page 4
States between March 14, 1997 and May 7, 1997. On August 1,
1997, Customs liquidated the fasteners under 7318.15.80 at a
rate of 8.9% ad valorem. On August 21, 1997, plaintiff filed
a protest, claiming the fasteners should have been classified
under 7318.15.20, subject to a duty rate of 0.3% ad valorem.
Customs denied the protest on September 18, 1997, after which
plaintiff timely filed this action.
II.
STANDARD OF REVIEW
This case is before the Court on cross-motions for
summary judgment. Summary judgment is appropriate when “there
is no genuine issue as to any material fact and . . . the
moving party is entitled to a judgment as a matter of law.”
See USCIT R. 56(d).
The “[c]lassification of goods entails a two-step
process: (1) ascertaining the proper meaning of specific terms
in the tariff provision; and (2) determining whether the
merchandise in question comes within the description of the
properly construed terms.” Hewlett-Packard Co. v. United
States, 189 F.3d 1346, 1348 (Fed. Cir. 1999). In this case,
the parties agree on the physical characteristics of the
imported fasteners. Thus, the Court must determine only “the
proper meaning and scope of the relevant provisions.” Carl
Court No. 97-10-01702 Page 5
Zeiss, Inc. v. United States, 195 F.3d 1375, 1378 (Fed. Cir.
1999). Because the meaning of tariff terms is a question of
law, see id., summary judgment is appropriate in this case.
In reviewing Customs’s classification, the Court must
determine the correct classification for the subject
merchandise. See Jarvis Clark Co. v. United States, 733 F.2d
873, 878, 2 Fed. Cir. (T) 70, 75 (1984). Its review of
Customs’s classification ruling is de novo. See 28 U.S.C. §
2640 (1994). Ordinarily, classification rulings are entitled
to a statutory presumption of correctness. See 28 U.S.C. §
2639(a)(1) (1994). Because the Court is faced with a question
of law on motions for summary judgment, however, no
presumption of correctness attaches to Customs’s
classification. See Universal Elecs. Inc. v. United States,
112 F.3d 488, 492 (Fed. Cir. 1997). In addition, the Court
does not apply Chevron deference to Customs’s classification
rulings. See Carl Zeiss, 195 F.3d at 1378; Mead Corp. v.
United States, 185 F.3d 1304, 1307 (Fed. Cir. 1999), cert.
granted,120 S. Ct. 2193 (U.S. May 30, 2000) (No. 99-1434).
Court No. 97-10-01702 Page 6
III.
DISCUSSION
Plaintiff claims the subject fasteners should be
classified as bolts under subheading 7318.15.20. In support
of its argument, plaintiff relies on general dictionary
definitions and its understanding of prior case law.
Defendant asserts that the subject fasteners are properly
classified as screws under subheading 7318.15.80. As the
basis for its classification, defendant relies on ANSI/ASME
Standard B18.2.1 (1981) (“the Standard”), which identifies
screws and bolts according to primary and supplementary design
characteristics.
The starting point in every classification case is the
tariff schedule. Accordingly, the Court begins by examining
the structure of the statute. Next, the Court considers the
specific tariff provisions in question, and in particular, the
meaning of the tariff terms “bolt” and “screw.” After
reviewing dictionary definitions, fastener industry standards,
and judicial precedent, the Court concludes that the common
and commercial meaning of bolt and screw is embodied by
ANSI/ASME Standard B18.2.1. Because the subject fasteners are
screws as defined by the Standard, the Court concludes that
Customs’s classification is correct.
Court No. 97-10-01702 Page 7
A. Congress Intended That Customs Distinguish Bolts From
Screws.
Before turning to the specific tariff terms at issue in
this case, it is important to examine the structure of heading
7318. The relevant portions of Heading 7318 are:
7318 Screws, bolts, nuts, coach screws, screw hooks,
rivets, 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:
7318.15.20 Bolts and bolts and their nuts or
washers entered or exported in the
same shipment
*** *** ***
7318.15.40 Machine screws 9.5 mm or more in
length and 3.2 mm or more in diameter
(not
including cap screws)
7318.15.50 Studs
*** *** ***
Other:
7318.15.60 Having shanks or threads with a
diameter of less than 6 mm
*** *** ***
7318.15.80 Having shanks or threads with a
diameter of 6 mm or more
*** *** ***
7318, HTSUS (1997 ed.).
In conformance with the general organization of the
tariff schedule, heading 7318 encompasses a number of like
items. And like all tariff headings, heading 7318 is broken
Court No. 97-10-01702 Page 8
out into six and eight digit subheadings for classification of
articles thereunder. In particular, six-digit subheading
7318.15 applies to both “other screws” and “bolts.” The first
eight-digit provision under that subheading, 7318.15.20,
applies only to bolts. For purposes of classification under
7318.15, then, Congress clearly considered bolts and screws to
be different articles, and intended Customs to classify them
under separate provisions. As a corollary to this, a fastener
cannot be both a bolt and a screw, but must be one or the
other.
B. The Common and Commercial Meaning of Bolt and Screw.
Having established that Congress intended Customs to
distinguish “bolts” from “other screws,” the Court now turns
to the meaning of those terms. Neither the HTSUS nor its
legislative history define bolt or screw. Therefore, each
term must be construed according to its common and commercial
meaning, which are presumptively the same. See Mead Corp.,
185 F.3d at 1308.
The Court may utilize a number of sources to ascertain
the common and commercial meaning of bolt and screw, including
dictionaries of general usage, scientific authorities, witness
testimony, “its own understanding of the term,” see Sabritas,
Court No. 97-10-01702 Page 9
S.A. de C.V. v. United States, 22 CIT __, __, 998 F. Supp.
1123, 1127 (1998), and “other reliable information sources.”
Mead Corp., 185 F.3d at 1308. In cases such as this, courts
often looks to industrial or commercial standards for guidance
in interpreting tariff terms. See, e.g., North Am. Processing
Co. v. United States, 23 CIT __, __, 56 F. Supp. 2d 1174, 1180
(1999) (deeming USDA regulations “persuasive” support for the
common and commercial meaning of “meat”); THK America, Inc. v.
United States, 17 CIT 1169, 1174, 837 F. Supp. 427, 432 (1993)
(consulting American National Standard AFBMA Standard
Terminology for Antifriction Bearings and Parts for the common
and commercial meaning of “ball bearing”); Washington Int’l
Ins. Co. v. United States, 16 CIT 873, 875, 803 F. Supp. 420,
422 (1992) (consulting American Society for Testing and
Materials standards to define various headnote terms), aff’d
24 F.3d 224 (Fed. Cir. 1994); see also Arthur J. Humphreys,
Inc. v. United States, 973 F.2d 1554, 1559 (Fed. Cir. 1992)
(stating that “[i]ndustrial or commercial standards are useful
in ascertaining the commercial meaning of a tariff term”).
1. ANSI/ASME Standard B18.2.1 Embodies the Common and
Commercial Meaning of Bolt and Screw.
The Court first looks to dictionaries for the common and
commercial meaning of the term bolt. Most generally,
Court No. 97-10-01702 Page 10
Webster’s New World Dictionary defines bolt as “a threaded
metal rod or pin for joining parts, having a head and usually
used with a nut.” 157 (3d ed. 1988). Similarly, Millwrights
and Mechanics Guide describes a bolt as “an externally
threaded fastener designed for insertion through holes in
assembled parts. . . . [that] is normally tightened and
released by turning a mated nut.” Pl.’s Br., at 12 (quoting
Millwrights and Mechanics Guide 371 (4th ed. 1986)). The
American Heritage Dictionary of the English Language defines
bolt, in greater detail, as “[a] fastener consisting of a
threaded pin or rod with a head at one end, designed to be
inserted through holes in assembled parts and secured by a
mated nut that is tightened by applying torque.”2 213 (3d ed.
1996). Finally, the McGraw-Hill Concise Encyclopedia of
Science & Technology defines bolt as
A rod, usually of metal, with a head at one
end and a screw thread on the other. A bolt
is used to fasten objects together. A bolt
is passed through clearance holes in two or
more parts, a nut is engaged on the threaded
end, and the parts are drawn together.
2
Similarly, Webster’s II New Riverside University
Dictionary defines bolt as “[a] fastener having a threaded pin
or rod with a head at one end, designed to be inserted through
holes in assembled parts and secured by a mated nut that is
tightened by application of a torque.” Def.’s Br., Campanelli
Decl., ¶10 (quoting Webster’s II New Riverside University
Dictionary 188 (1984)).
Court No. 97-10-01702 Page 11
264 (2d ed. 1989).
In broad terms, these definitions suggest that a bolt is
designed to function in the following manner: (1) it is
inserted into a preexisting hole, (2) a nut is joined on the
end, and (3) the nut is turned, such that it compresses
together the parts to be joined. At the very least, the
characteristic identified by every one of the foregoing
definitions is that a bolt is normally meant to be used with a
nut. Plaintiff cautions, however, that “there is no
requirement that a bolt be used with a nut.” Pl.’s Br., at
11. In plaintiff’s view, a bolt is simply “a rod which [sic]
fastens two or more objects together.” Pl.’s Br., at 9.
Turning to the tariff term “screw,” Webster’s New World
Dictionary defines it as “a mechanical device for fastening
things together, consisting essentially of a cylindrical or
conical piece of metal threaded evenly around its outside
surface with an advancing spiral ridge and commonly having a
slotted head: it penetrates only by being turned, as with a
screwdriver.” 1206. Similarly, The American Heritage
Dictionary of the English Language defines screw as “a. A
cylindrical rod incised with one or more helical or advancing
spiral threads . . . 2. A metal pin with incised threads and
Court No. 97-10-01702 Page 12
broad slotted head that can be driven as a fastener by turning
with a screwdriver . . . .” 1622 (3d ed. 1996). Finally,
Millwrights and Mechanics Guide states that “[a] screw is
supposed to mate with an internal thread into which it is
tightened or released by turning its head.” Pl.’s Br., at 12
(quoting Millwrights and Mechanics Guide 371 (4th ed. 1986)).
Plaintiff offers no definition for the common and commercial
meaning of the term screw.3
Based on the foregoing dictionary definitions, it appears
that bolts and screws are designed to perform their fastening
function in different ways: bolts by torquing a nut, and
3
The source of plaintiff’s complete neglect of the
term screw may be its reliance on its assertion that
7318.15.80 is a “basket” provision that is, by definition,
subordinate to 7318.15.20, an eo nomine provision. Plaintiff
asserts that because the subject fasteners fall within a broad
definition of the term “bolt,” and because the provision for
bolts, 7318.15.20, is more specific than 7318.15.80, the
fasteners must be classified as bolts under 7318.15.20. See
Pl.’s Br., at 6-7.
Because bolts must be distinguished from other screws for
purposes of classification under subheading 7318.15, whether
7318.15.80 is an eo nomine or basket provision is irrelevant.
If a fastener is a bolt, it must be classified under
7318.15.20, the eo nomine provision for bolts. If a fastener
is not a bolt, however, it cannot be classified under
7318.15.20 under any circumstances; it must be classified
elsewhere under subheading 7318.15. This is true regardless
of whether the alternative provisions under 7318.15 are eo
nomine or basket provisions. Thus, even assuming plaintiff is
correct in asserting that 7318.15.20 takes precedence over
7318.15.80, it is of no consequence.
Court No. 97-10-01702 Page 13
screws by torquing the head. According to plaintiff, however,
[f]rom a common meaning standpoint, it is
irrelevant whether the subject merchandise
is used with a nut or whether it is driven
by the head. The common meaning of the term
“bolt” includes such fasteners regardless of
whether they are used with a nut, as
indicated by the explanation that bolts are
usually, but not always, required to be so
used. It is also evident that screws may be
used with nuts, and still remain “screws.”
Pl.’s Br., at 12 (citations omitted). To illustrate this
point, plaintiff offers a quote from Millwrights and Mechanics
Guide.
The bolt is described as an externally
threaded fastener designed for insertion
through holes in assembled parts. It is
normally tightened and released by turning a
mated nut. A screw differs from a bolt in
that it is supposed to mate with an internal
thread into which it is tightened or
released by turning its head. These
definitions obviously do not always apply,
since bolts can be screwed into threaded
holes and screws can be used with nuts.
Id. (quoting Millwrights and Mechanics Guide 371 (4th ed.
1986)).
Plaintiff’s observation that common definitions of bolt
and screw are often inconsistent or ambiguous and obscure the
distinction between the two fasteners is well taken. In order
to classify the fasteners at issue then, the Court must look
to more precise sources, to foreclose the ambiguities latent
Court No. 97-10-01702 Page 14
in dictionary definitions. See United States v. Spiegel Bros.
Corp., 51 C.C.P.A. 69, 73 (1964) (consulting a “more precise
source[]” for the common meaning of pliers); see also Marcor
Dev. Corp. v. United States, 20 CIT 538, 547, 926 F. Supp.
1124, 1134 (1996) (rejecting vague or overly broad dictionary
definitions as common meaning). Accordingly, the Court turns
to fastener industry standards for bolts and screws.
ANSI/ASME Standard B18.2.1 provides a well-recognized,
comprehensive basis for the common and commercial meaning of
bolt and screw. It defines a bolt as “an externally threaded
fastener designed for insertion through holes in assembled
parts, and is normally intended to be tightened or released by
torquing a nut.” Def.’s Br., Ex. A (ANSI/ASME B18.2.1), ¶2.1.
The same Standard defines screw as “an externally threaded
fastener capable of being inserted into holes in assembled
parts, of mating with a preformed internal thread or forming
its own thread, and of being tightened or released by torquing
the head.” Id. ¶2.2. These definitions of bolt and screw
reflect the commonalities of the dictionary definitions of
bolt and screw noted previously by the Court.4
4
The Standard’s definitions are also consistent with
Harmonized Commodity Description and Coding System Explanatory
Note 73.18(A) (2d ed. 1996), which states that “[a] bolt is
designed to engage in a nut, whereas screws for metal are more
Court No. 97-10-01702 Page 15
The Standard’s primary and supplementary criteria put a
finer point on the foregoing definitions. The criteria focus
on design characteristics; that is, bolts and screws are
identified based on their physical properties for use, not the
manner in which they are actually used. See id. ¶3 (stating
that a fastener that has a majority of specified design
characteristics is a screw “regardless of how it is used in
its service application”). Under the Standard, then, the
issue is not whether a fastener is ultimately screwed into
threaded holes or used with a nut, but whether it is designed
to be screwed into threaded holes or used with a nut.
Defendant relies on ANSI/ASME Standard B18.2.1 as the
common and commercial meaning of bolt and screw. Defendant’s
usually screwed into a hole tapped in the material to be
fastened.” The Court may consult the Explanatory Notes to
determine the common meaning of tariff terms because while
they “do not constitute controlling legislative history . . .
[they] nonetheless are intended to clarify the scope of HTSUS
subheadings and to offer guidance in interpreting
subheadings.” Mita Copystar Am. V. United States, 21 F.3d
1079, 1082 (Fed. Cir. 1994).
Interestingly, Explanatory Note 73.18(A) states that
screws are “generally threaded throughout their length whereas
bolts usually have part of the shank unthreaded.” That
distinction is not made in any of the dictionary definitions
surveyed by the Court, nor do the parties argue this point.
The Court thus simply notes that many of the fasteners at
issue are threaded along their entire length while the body
(unthreaded portion) of others is large relative to the
threaded portion of the shank.
Court No. 97-10-01702 Page 16
affiants refer to it variously as “the recognized standard in
the United States,” Def.’s Br., Vass Decl., ¶15 (Affidavit of
Steven Vass, Product Engineering Manager for Lake Erie Screw
Corporation and Chairman of the ANSI/ASME B18.2 Committee for
Externally Driven Fasteners), and “the national consensus
standard.” Def.’s Reply Br., Wilson Decl., ¶3 (Affidavit of
Charles J. Wilson, Director of Engineering, Industrial
Fastener Institute). Plaintiff acknowledges that “ANSI/ASME
standards are recognized and adopted as American National
Standards.” Pl.’s Br., at 22.
According to defendant’s affiants, ANSI/ASME Standard
B18.2.1 “is in wide use in all areas of American industry.”
Def.’s Br., Hubbard Decl., ¶8 (Affidavit of John Hubbard,
engineering manager for Rockford Fastener, Inc. and chairman
of the Industrial Fastener Institute Small Products
Engineering Committee); see also Def.’s Br., Vass Decl., ¶15.
The Standard is published by the Industrial Fasteners
Institute (IFI) in its Fastener Standards handbook,5 which the
preface describes as “a ‘BIBLE’ for designers, manufacturing
engineers, and managers in all industries.” Def.’s Br., Ex.D
5
Customs also publishes this standard in its handbook
“What Every Member of the Trade Community Should Know:
Distinguishing Bolts From Screws.” See Def.’s Br., Ex. B, 2 -
11.
Court No. 97-10-01702 Page 17
(preface to Fastener Standards (6th ed.)).
In sum, all of defendant’s affiants believe the ANSI/ASME
Standard B18.2.1 “reflect[s] the common and commercial
understanding of the terms bolts and screws, as well as the
common and commercial understanding of the distinctions
between bolts and screws.” Def.’s Br., Vass Decl., ¶16; see
also Def.’s Br., Hubbard Decl., ¶7. And, while plaintiff’s
affiants contend that the subject fasteners are bolts, none of
them dispute that ANSI/ASME B18.2.1 is the prevailing standard
in the United States for bolts and screws.6
Furthermore, ANSI and ASME’s expertise in the field of
fasteners is well-recognized. See, e.g., Hafele Am. Co. v.
United States, 18 CIT 1096, 1098, 870 F. Supp. 352, 355 (1994)
(citing ANSI/ASME Standard B18.2.1 for the meaning of screw);
S.I. Stud, Inc. v. United States, 17 CIT 661, 669-70 (1993)
6
Plaintiff’s affiants do not refute that ANSI/ASME
B18.2.1 is the national standard for bolts and screws, nor do
they claim that (1) according to the Standard, all of the
subject fasteners are bolts; or that (2) the subject fasteners
are known as bolts throughout the fastener industry. The sum
and substance of the affidavits offered by plaintiff is that
Rocknel, its Japanese vendor, and Rocknel’s customers
(Japanese automakers), refer to the subject fasteners as
bolts in their purchase orders, specifications, and manuals.
See, e.g., Pl.’s Br., Vaughn Decl. (Purchasing Manager,
Rocknel Fastener, Inc.); Pl.’s Br., DeRango Decl. (Sales
Manager, Rocknel Fastener, Inc.). As plaintiff acknowledges,
such evidence is “not necessarily controlling.” Pl.’s Br., at
21.
Court No. 97-10-01702 Page 18
(relying on the American Society of Mechanical Engineers
(ASME) American Standard Glossary of Terms for Mechanical
Fasteners, ASA B18.12 (1962) to determine whether fasteners
were bolts or studs), aff’d 24 F.3d 1394 (Fed. Cir. 1994);
Advel Corp. v. United States, 73 Cust. Ct. 200, 204 (Cust. Ct.
1974) (referring to ASME’s Glossary of Terms for Mechanical
Fasteners as an “authoritative technical source[]” for the
common meaning of rivets). For all of these reasons, the
Court finds that ANSI/ASME B18.2.1 embodies the common and
commercial meaning of the terms bolt and screw.
2. Plaintiff’s Objections to Customs’s
Classification Fail.
Plaintiff argues that the common and commercial meaning
of bolt and screw cannot be derived from ANSI/ASME Standard
B18.2.1 for several reasons. Plaintiff insists that the
common and commercial meaning of bolt and screw be derived
from dictionary definitions alone. Plaintiff also argues that
ANSI/ASME B18.2.1 is the equivalent of a commercial
designation that must be definite, uniform and general, that
the Standard is outdated, and that it is inapplicable because
the subject fasteners are custom-made and used in automobiles.
Court No. 97-10-01702 Page 19
a. Plaintiff’s proffered definition for bolt
is unacceptably vague.
Plaintiff argues that the common meaning of bolt must be
ascertained from dictionaries of general use. Plaintiff cites
Webster’s Third New International Dictionary, which defines
bolt as “[a] rod or heavy pin (as one made of steel) designed
to fasten two or more objects (as metal plates) together and
hold one or more objects in place often having a head at one
end and a screw thread cut upon the other end and being usu.
secured by a nut or by riveting.” Pl.’s Br., at 9 (quoting
Webster’s Third New International Dictionary [no page
specified] (1986)). Similarly, plaintiff cites another
dictionary that defines bolt as “a stout metallic pin used for
holding objects together, frequently screw threaded at one
extremity to receive a nut.” Pl.’s Br., at 9 (quoting Lexicon
Webster Dictionary 110 (1983)). Plaintiff claims that taken
together with similar definitions, these definitions establish
that a bolt is “a rod which [sic] fastens two or more objects
together.” Pl.’s Br., at 9.7 Plaintiff’s experts offer no
definition for the term bolt. And, as previously noted,
7
Plaintiff also phrases its definition of bolt as a
“rod or pin-shaped object with a head on one end and which is
designed to fasten objects in place (or together).” Pl.’s
Br., at 11.
Court No. 97-10-01702 Page 20
plaintiff offers no definition for the term screw.
Plaintiff reduces its dictionary definitions almost to
the point of abstraction,8 such that its definition for bolt
is overly broad and ambiguous. For purposes of illustration,
its definition of bolt is “a rod which fastens two or more
objects together.” Pl.’s Br., at 9. Yet, that definition
encompasses screws as well; in simplest terms they, too, are
rods that fasten things together. See, e.g., American
Heritage Dictionary of the English Language 1622 (3d ed. 1996)
(“A metal pin. . . that can be driven as a fastener.”).
Clearly, accepting a definition of bolt as broad as that
urged by plaintiff would create conflict between 7318.15.20
and other provisions under subheading 7318.15. Subheading
7318.15 applies to both screws and bolts. Under plaintiff’s
urged definition of bolt, however, any rod-like object that
fastens things together would be classified under 7318.15.20,
including screws. In that case, the “[o]ther” provisions of
7318.15 -- 7318.15.60 and 7318.15.80 -- would be serve no
function and be completely superfluous. And it is axiomatic
in Customs law, and indeed all statutory construction
exercises, that a court not interpret one provision of a
8
Interestingly, plaintiff eschews any mention of a
nut, even though both of its definitions do so.
Court No. 97-10-01702 Page 21
statute as to render meaningless another. See Dow Chem. Co.
v. United States, 10 CIT 550, 552-53, 647 F. Supp. 1574, 1578
(1986) (refusing to interpret a tariff provision so as to
render superfluous or partially nullify other provisions).
Thus, plaintiff’s proposed definition of bolt must fail.
Plaintiff contends, nonetheless, that “the essence of”
its formulation for the common and commercial meaning of bolt
has been adopted by the court in prior cases. See Pl.’s Br.,
at 10. The majority of the cases cited by plaintiff are not
persuasive in this case, however, because they do not
elucidate the meaning of bolts vis a vis screws; instead,
those cases discuss bolts in comparison with other types of
merchandise.
For example, plaintiff cites S.I. Stud. Like the instant
case, the merchandise at issue was fasteners imported from
Japan. See 17 CIT at 661. Unlike this case, however, the
court was faced with a choice, not between bolts and screws,
but bolts and studs. Thus, the court did not have occasion to
consider bolts, as relevant to this case, in relation to
screws.9
9
Similarly, the court in A.L. Liebman & Son, Inc. v.
United States chose between bolts and anchors, not bolts and
screws. 65 Cust. Ct. 85 (1970).
Court No. 97-10-01702 Page 22
It is notable, however, that in finding that the
fasteners were studs,10 the S.I. Stud court rejected the
“broad” definition of bolt proffered by plaintiff in that
case. See id. at 664. And given the “overlap between” the
definitions of bolt and stud in “general purpose
dictionaries,” the court “place[d] greater emphasis on . . .
technical sources.” Id. at 669. One of the technical sources
relied on by that court was a publication of the American
Society of Mechanical Engineers, one of the organizations
responsible for ANSI/ASME Standard B18.2.1. See id. at 669-
70.
Plaintiff’s citation to Atlas Copco N. Am., Inc. v.
United States is also inapt in that the court considered bolts
in the context of merchandise other than screws. 17 CIT 1163,
837 F. Supp. 423 (1993). That case involved a unique item
known as a Swellex bolt. Plaintiff argued that Swellex bolts
should be classified under the provision for bolts, but
Customs classified them instead as “articles of iron or
10
The court found that the fasteners were studs, in
large measure, based on the difference in “shape or
configuration” of the fasteners. S.I. Stud, 17 CIT at 664.
The studs were threaded at both ends, had no head, and were
used to fasten items together with nut at each end. See id.
at 662. The Court observes that even the studs at issue in
S.I. Stud would fall within plaintiff’s proffered definition
of bolt as a “rod which fastens two or more objects together”.
Court No. 97-10-01702 Page 23
steel.” In analyzing whether the Swellex bolts were “bolts”
or “other articles of iron or steel,” one of the main issues
facing the Atlas Copco court was whether, under the precursor
to the HTSUS, the TSUS, a non-threaded object could be
classified as a bolt. See Atlas Copco, 17 CIT at 1166, 837 F.
Supp. at 425. The court’s discussion regarding legislative
intent and the characteristics of bolts is, for that reason,
completely inapplicable to the controversy before the Court;
heading 7318 of the HTSUS is divided into threaded and non-
threaded articles, and the provisions for both screws and
bolts are threaded articles. Thus, under the current
provisions, a non-threaded fastener could never be classified
as a bolt.
Finally, plaintiff cites Hafele to support its broad
definition for bolt. Hafele is the most relevant of
plaintiff’s citations in that it involves the same tariff
provisions at issue here; Customs classified the merchandise
as a screw under 7318.15.80 and plaintiff argued the
merchandise should instead be classified as a bolt under
7318.15.20.
The Hafele court determined that the merchandise in that
case was bolt. The broad dictionary definitions cited for the
term “bolt” in that case are not instructive here, however.
Court No. 97-10-01702 Page 24
In Hafele, the court first considered whether the merchandise
was a screw. In that case, it was “undisputed that the
subject merchandise does not accomplish its primary purpose
[of fastening other objects together] upon having its head
torqued.” Hafele, 18 CIT at 1098, 870 F. Supp. at 355. The
court stated that “the merchandise must mate with a cam in
order to accomplish its purpose . . . the cam is then
tightened and locked by torquing the cam, not by torquing the
head of the merchandise.” Id. In effect, the Court found
that the fastener at issue was not a screw because it was not
designed to be torqued by its head to fasten things together.
Notably, the court relied on ANSI/ASME Standard B18.2.1.
(1981), the same standard invoked by defendant in this case,
in its analysis. See id. Only after having determined that
the merchandise was not a screw did the court find that it fit
within broad dictionary definitions of bolt similar to those
cited by plaintiff. In contrast, in this case, it is
undisputed that the fasteners were designed to be, and in fact
are installed by, torquing their heads. See Def.’s Stmt.
Add’l Facts, at ¶32, ¶33; Pl.’s Resp. to Def.’s Facts, at ¶32,
¶33. Due to this factual distinction, plaintiff’s reliance on
the broad dictionary definitions of bolt is misplaced.
Court No. 97-10-01702 Page 25
b. Plaintiff’s objections to Standard B18.2.1
are without merit.
Plaintiff argues that Standard B18.2.1 cannot be used to
inform the common and commercial meaning of tariff terms, and
in any event is not applicable to its fasteners. Plaintiff
argues that (1) the Standard is a “technical” meaning that
must be definite, uniform, and general throughout the trade,
(2) Congress did not explicitly adopt the standard in the
HTSUS, (3) the Standard is not applicable because it is a U.S.
standard and the fasteners are manufactured in Japan, and that
(4) with particular respect to the automotive industry, the
Standard is outdated. Plaintiff’s objections are without
merit.
First, plaintiff asserts that ANSI/ASME Standard B18.2.1
is a technical standard that differs from the common and
commercial meaning of bolt and screw. See Pl.’s Br., at 19-
20. According to plaintiff, this “technical definition” is
“equated with a proffered commercial designation” that
defendant must demonstrate is definite, uniform, and general
throughout the trade. Pl.’s Br., at 20. Plaintiff also
argues that Congress did not include ANSI/ASME Standard
B18.2.1 in the notes or otherwise refer to it in the HTSUS,
and therefore that “the standard should be ignored for
Court No. 97-10-01702 Page 26
classification purposes.” Pl.’s Br., at 20.
Plaintiff is wrong on both points. Standard B18.2.1 is
not a commercial designation; the court has consulted
standards promulgated by ANSI, ASME, and many other standard-
making bodies in numerous cases to inform the common and
commercial meaning of tariff terms. See introduction to
Section B, supra. The court has done so even when such
standards were not explicitly part of the HTSUS.
Plaintiff also “questions the applicability of ANSI/ASME
B18.2.1 (1981) to the subject imported fasteners” because the
fasteners were manufactured according to Japanese, not
American, specifications. Pl.’s Br., at 22. Plaintiff is
patently mistaken. First, the ANSI/ASME Standard B18.2.1 is
a methodology for distinguishing between bolts and screws, not
specifications for the length, diameter, size of head, etc.,
of particular bolts and screws. Therefore, that the subject
fasteners were manufactured to fit into Japanese cars is
irrelevant to the applicability of ANSI/ASME Standard B18.2.1.
Second, under the HTSUS, goods are classified within the
meaning of the tariff terms as understood in the United
States, not the county of exportation. See Hismoco (Am.) Co.
v. United States, 81 Cust. Ct. 32, 34 (1978) (assessing
whether the merchandise at issue was within the common meaning
Court No. 97-10-01702 Page 27
of “‘dried prunes’ as that term is used in the commerce of the
United States); Buchanan Elec. Prods. Co. v. United States, 65
Cust. Ct. 570, 577 (1970) (finding the merchandise was “tubes”
as commonly known in the United States); Ziel & Co. v. United
States, 53 Cust. Ct. 164, 166 (1964) (rejecting claim that
kiwi fruit was within the common meaning of “berries” as the
term is used in the United States); Wing Coffee Co. v. United
States, 53 Cust. Ct. 60, 63 (1964) (finding that larm are not
olives as commonly known in the United States). Thus, the
fasteners at issue cannot be classified according to Japanese
convention.11
Finally, plaintiff complains that, in relation to the
automotive industry standards and techniques, ANSI/ASME
B18.2.1 is outdated and ambiguous. According to plaintiff,
“[t]he manufacturing process in various fields has . . .
evolved to the point that, even when used with a nut, bolts
are driven by the head.” Pl.’s Br., at 24. In such cases,
11
Plaintiff also notes that “[t]he subject fasteners
are designed in terms of ‘metric’ measurements (i.e., measured
in millimeters), as opposed to English measurements.” Pl.’s
Br., at 2. This is irrelevant. First, 7318.15.80 is
expressed in millimeters: “Having shanks or threads with a
diameter of 6 mm or more.” Moreover, ANSI/ASME Standard
B18.2.1 is equally applicable to metric fasteners. See Def.’s
Br., Vass Decl., Ex. B (Metric Fastener Standards (2d ed.
1983)).
Court No. 97-10-01702 Page 28
“the nuts are already welded into place and the bolts must be
driven by their head in the assembly.”12 Id. In plaintiff’s
view, because some of the subject fasteners are used with nuts
in this manner, ANSI/ASME B18.2.1 is inapplicable to the
automotive industry.
Plaintiff is incorrect for a number of reasons. First,
ANSI/ASME Standard B18.2.1 is reviewed by the American Society
of Mechanical Engineers (ASME) every five years.13 See Def.’s
Br., at 18 and n.19. And, the Standard was approved by ANSI
in December, 1996. See Def.’s Br., Vass. Dec., Ex. E (1999
Foreword to ASME B18.2.1). Importantly, according to Charles
J. Wilson, Director of Engineering at the Industrial Fasteners
Institute, General Motors, Ford Motor Company, Chrysler
Corporation, and other automotive companies helped formulate
ANSI/ASME B18.2.1 and have been and continue to be
12
If the design and manner of use of screws and bolts
has evolved to the point where they are indistinguishable from
one another, the most appropriate forum to make this argument
is before Congress, which has the authority to revise the
HTSUS.
13
“According to the bylaws of ASME, standards are
reviewed every five years. Depending on the outcome of that
review, the standard must be reaffirmed, meaning no changes
are required, revised, or withdrawn (canceled) if there is
evidence that the standard is not being used.” Def.’s Br.,
Vass Decl., ¶16. Thus, although it appears that the Standard
has not been revised since 1981, it has been reviewed several
times since then.
Court No. 97-10-01702 Page 29
participants in the B18 Standards Committee. See Def.’s Reply
Br., Wilson Decl., ¶4; see also Def.’s Br., Vass Decl., Ex. I
(ASME Standards Committee B18). And, ASME membership includes
both manufacturers and users. See Def.’s Br., Vass Decl.,
¶16. These facts mitigate against plaintiff’s claim that the
standard is outdated with respect to the automotive industry,
or not in accordance with its manufacturing processes. And at
oral argument on June 6, 2000, plaintiff could not identify
specific changes in manufacturing processes or the design of
fasteners in the last thirty years to counter defendant’s
classification.
Second, plaintiff does not dispute that the subject
fasteners are properly classified under Heading 7318. The
articles contained within heading 7318 are “parts of general
use.”14 Section XV, Note 2(a), HTSUS (1997). As such, they are
not classified according to a particular industry.15 Cf. Item
14
Parts of general use, such as the articles of
heading 7318, are specifically exempted from classification
under the chapter for vehicles. See Section XVII, Note 2(b),
HTSUS (1997).
15
In fact, in addition to the automotive industry, the
American National Standards Committee B18 included
representatives from the hardware, engine manufacturing, anti-
friction bearing manufacturing, agricultural, metal cutting
tool, hand tool, farm & industrial equipment, elevator,
telephone, and electrical manufacturing industries, as well as
the Navy, Army, Air Force and Department of Defense. See
Court No. 97-10-01702 Page 30
8708.40.20 (applicable to gear boxes as known in the motor
vehicle (designed for transport of persons) industry). Thus,
contrary to plaintiff’s position, ANSI/ASME Standard B18.2.1
is no less applicable because plaintiff’s fasteners – parts of
general use – are used in the automotive industry.16
Third, plaintiff admits that 7318.15 is neither an actual
use nor a principal use provision. See Def.’s Stmt. Add’l
Facts, ¶2, ¶3; Pl.’s Resp. to Def.’s Facts, ¶2, ¶3. And
generally, use is not considered unless use is part of the
Pl.’s Br., Seirig Decl., Ex. D (roster of committee
personnel).
16
Thus, the testimony of Ali A. Seirig, Professor in
the Department of Mechanical Engineering of the University of
Wisconsin-Madison, that the Standard “bears little relation to
how those terms [bolt and screw] are used in applications in
various industries, including the automotive and aerospace
industries” misses its mark. Pl.’s Br., Seirig Decl., ¶9.
Moreover, Professor Seirig does not express a belief that the
subject fasteners are bolts. He only states that, in his
view, “the main distinguishing characteristic between a bolt
and a screw would be the fastener’s ability to bore a hole, or
create mating threads in a material. From my review of the
products in Exhibit A, none appear to meet this basic
requirement of a screw.” Id. at ¶11.
It is worth noting that, with respect to the ability
to bore a hole, that Explanatory Note 73.18(A) distinguishes
between “[b]olts and screws for metal” and “[s]crews for
wood,” which would be classified under 7318.12. According to
the Note, the former “are rarely pointed.” The latter,
however, “differ from bolts and screws for metal in that they
are tapered and pointed, and they have a steeper cutting
thread since they have to bite their own may into the
material.”
Court No. 97-10-01702 Page 31
definition of the classification or use is otherwise
suggested. See North Am. Processing, 23 CIT at __, 56 F.
Supp. 2d at 1180 (citing Ruth Sturm, Customs Law &
Administration § 53.2 (Supp. 1995)). Thus, that the subject
fasteners are ultimately used in the assembly of automobiles
has no bearing on the common and commercial meaning of bolt
and screws, nor does it vitiate ANSI/ASME Standard B18.2.1's
applicability. Cf. Carl Zeiss, 195 F.3d at 1379 (refusing to
narrow a provision for microscopes to only those used in
research and industry because “a use limitation should not be
read into an eo nomine provision unless the name itself
inherently suggests a type of use”). And if Customs took into
account how different fasteners of general use were actually
used in different industries to determine whether they were
bolts or screws, classification would be inconsistent and
therefore counter to the principle underlying the tariff
classification system. See Henry Dickens Rowley v. United
States, 68 Cust. Ct. 117, 122 (1972) (calling “[u]niformity of
tariff classification, an important tariff principle”).
Moreover, although plaintiff’s customers use the subject
fasteners for assembly of the engine, suspension, and body of
automobiles, the fasteners are not limited to use in those
areas only. See Pl.’s Br., at 2; see also Pl.’s Br., Higuchi
Court No. 97-10-01702 Page 32
Decl., ¶12 (stating that the subject fasteners are used in the
engine wire harness assembly, oil pump, oil pan assembly,
clutch, accumulator body, regulator, servo body, exhaust pipe,
fuel pipe, radiator, navigation (GPS) system, antilock brake
system, windshield washer, radio speakers, rear brake, cruise
control, brake master cylinder, suspension, shift lever,
console, seats, doors, sunroof, and trunk lid). And
“[s]ervice applications for the same fastener may vary.”
Def.’s Stmt. Add’l Facts, ¶11, Pl.’s Resp. to Def.’s Facts,
¶11. The subject fasteners are not limited to use in
automobiles either, but can be used in a variety of other
industries. See Pl.’s Br., at 1 (stating that the subject
fasteners may also be used in the manufacture of motorcycles);
Tr. of Oral Argument of 10/27/99, at 8-9 (representation by
counsel for plaintiff that the subject fasteners can be used
in other industries).
In conclusion, plaintiff’s objections to ANSI/ASME
Standard B18.2.1 are without merit. As stated, the Standard
is the common and commercial meaning of bolt and screw as
understood by the fastener industry in the United States.
Court No. 97-10-01702 Page 33
C. The Subject Fasteners are Screws.
The Court has determined that under ANSI/ASME Standard
B18.2.1, “[a] screw is an externally threaded fastener capable
of being inserted into holes in assembled parts, of mating
with a preformed internal thread or forming its own thread,
and of being tightened or released by torquing the head.”
Def.’s Br., Ex. A, ¶2.2. Plaintiff does not dispute that
“[t]he Samples, Drawings, and/or Manuals provided by Rocknel
indicate that the imported fasteners were designed to be
installed in holes of assembled parts by turning the heads of
the fasteners to mate with preformed internal threads or form
their own threads, and by turning the heads to tighten or
release.”17 Def.’s Stmt. Add’l Facts, ¶32; Pl.’s Resp. to
Def.’s Facts, ¶32.
Further, under ANSI/ASME Standard B18.2.1,
[a] bolt is designed for assembly with a
nut. A screw has features in its design
which makes [sic] it capable of being used
in a tapped or other preformed hole in the
work. Because of basic design, it is
possible to use certain types of screws in
combination with a nut. Any externally
threaded fastener which has a majority of
the design characteristics which assist its
proper use in a tapped or other preformed
17
Plaintiff “[d]enies that nuts are equated with
preformed internal threads” but “[a]dmits in other respects.”
Pl.’s Resp. to Def.’s Facts, ¶32.
Court No. 97-10-01702 Page 34
hole is a screw, regardless of how it is
used in service application.
Def.’s Br., Ex. A, ¶3 (Explanatory Data). In characterizing
the subject fasteners as screws, defendant found that the
fasteners met at least five of the Standard’s nine
supplementary design criteria for screws. Plaintiff has not
submitted evidence to dispute this finding. Nor has plaintiff
argued in sufficient detail that under ANSI/ASME Standard
B18.2.1, the subject fasteners are bolts. Accordingly, the
subject fasteners are screws.
IV.
CONCLUSION
For the foregoing reasons, the Court grants defendant’s
motion for summary judgment and denies plaintiff’s motion for
summary judgment. A separate Order will be entered
accordingly.
__________________________________
Richard W. Goldberg
JUDGE
Dated: August 29, 2000
New York, New York.