HQ 087899: 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

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 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



                               -2-


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



                               -3-


from the binding effects of this ruling.  Such a request would
be pursuant to Customs Regulation 177.9(d)(3), 19 C.F.R.
177.9(d)(3).


                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division