1997 U.S. Code
Title 15 - COMMERCE AND TRADE
CHAPTER 80 - FASTENERS
Sec. 5402 - Definitions

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§5402. Definitions

As used in this chapter, the term—

(1) “alter” means to alter—

(A) by through-hardening,

(B) by electroplating of fasteners, or

(C) by machining;

(2) “consensus standards organization” means the American Society for Testing and Materials, American National Standards Institute, American Society of Mechanical Engineers, Society of Automotive Engineers, or any other consensus standard-setting organization determined by the Secretary to have comparable knowledge, expertise, and concern for health and safety in the field for which such organization purports to set standards;

(3) “container” means any package of fasteners traded in commerce;

(4) “Director” means the Director of the National Institute of Standards and Technology;

(5) “fastener” means—

(A) a—

(i) screw, nut, bolt, or stud having internal or external threads, or

(ii) a load-indicating washer,

with a nominal diameter of 5 millimeters or greater, in the case of such items described in metric terms, or 1/4 inch or greater, in the case of such items described in terms of the English system of measurement, which contains any quantity of metal and is held out as meeting a standard or specification which requires through-hardening,

(B) a screw, nut, bolt, or stud having internal or external threads which bears a grade identification marking required by a standard or specification, or

(C) a washer to the extent that it is subject to a standard or specification applicable to a screw, nut, bolt, or stud described in subparagraph (B),

except that such term does not include any screw, nut, bolt, or stud that is produced and marked as ASTM A 307 Grade A or produced in accordance with ASTM F 432;

(6) “grade identification marking” means any symbol appearing on a fastener purporting to indicate that the fastener's base material, strength properties, or performance capabilities conform to a specific standard of a consensus standards organization or government agency;

(7) “importer” means a person located within the United States who contracts for the initial purchase of fasteners manufactured outside the United States for resale or such person's use within the United States;

(8) “Institute” means the National Institute of Standards and Technology;

(9) “lot” means a quantity of fasteners of one part number fabricated by the same production process from the same coil or heat number of metal as provided by the metal manufacturer and submitted for inspection and testing at one time;

(10) “manufacturer” means a person who fabricates fasteners, or who alters any item so that it becomes a fastener;

(11) “private label distributor” means a person who contracts with a manufacturer for the fabrication of fasteners bearing the distributor's distinguishing insignia;

(12) “Secretary” means the Secretary of Commerce;

(13) “standards and specifications” means the provisions of a document published by a consensus standards organization or a government agency; and

(14) “through-harden” means heating above the transformation temperature followed by quenching and tempering for the purpose of achieving a uniform hardness.

(Pub. L. 101–592, §3, Nov. 16, 1990, 104 Stat. 2944; Pub. L. 104–113, §11(b), Mar. 7, 1996, 110 Stat. 780.)

Amendments

1996—Par. (1)(B). Pub. L. 104–113, §11(b)(1), struck out “having a minimum tensile strength of 150,000 pounds per square inch” after “fasteners”.

Par. (2). Pub. L. 104–113, §11(b)(2), inserted “consensus” after “or any other”.

Par. (5). Pub. L. 104–113, §11(b)(3), inserted “or produced in accordance with ASTM F 432” after “307 Grade A” in closing provisions, inserted “or” at end of subpar. (B), struck out “or” at end of subpar. (C), and struck out subpar. (D) which read as follows: “any item within a category added by the Secretary in accordance with section 5403(b) of this title,”.

Par. (6). Pub. L. 104–113, §11(b)(4), substituted “government agency” for “other person”.

Par. (8). Pub. L. 104–113, §11(b)(5), substituted “Standards” for “Standard”.

Pars. (11), (12). Pub. L. 104–113, §11(b)(6), redesignated pars. (12) and (13) as (11) and (12), respectively, and struck out former par. (11) which read as follows: “ ‘original equipment manufacturer’ means a person who uses fasteners in the manufacture or assembly of its products and sells fasteners to authorized dealers as replacement or service parts for its products;”.

Par. (13). Pub. L. 104–113, §11(b)(7), substituted “or a government agency” for “, a government agency, or a major end-user of fasteners which defines or describes dimensional characteristics, limits of size, acceptable materials, processing, functional behavior, plating, baking, inspecting, testing, packaging, and required markings of any fastener”.

Pub. L. 104–113, §11(b)(6), redesignated par. (14) as (13). Former par. (13) redesignated (12).

Par. (14). Pub. L. 104–113, §11(b)(8), inserted “for the purpose of achieving a uniform hardness” after “quenching and tempering”.

Pub. L. 104–113, §11(b)(6), redesignated par. (15) as (14). Former par. (14) redesignated (13).

Par. (15). Pub. L. 104–113, §11(b)(6), redesignated par. (15) as (14).