April 26, 1998
Please answer the following questions on the FQA. If they are not within your area of responsibility then please pass them on to the appropriate person.
Key: questions or comments from MINA are in bold type. Referenced sections or text of the law/rule are in bold italic type.
280.2 Definitions.
Who is a distributor?
How does an importer also qualify as a distributor?
Who is a retail seller? ref 280.5 (b1A)
Who is a retail consumer? ref 280.5 (b1A)
ref 280.2
"Fastener" means any screw, nut, bolt or stud, washer or other item included within the definition for
fastener contained in section 3(5) of the Fastener Quality Act. The term "fastener" does not include
a screw, nut, bolt, or stud:
(3) that is held out as being produced to other than the provisions of standards and specifications
published by a consensus standards organization, or a government agency.
Does this mean only the USA federal government or does this include other state, national, or international governments?
ref Section 3 (5) of the Fastener Quality Act and Section 3 (13) of the Fastener Quality Act
Section 3 (13) of the Fastener Quality Act
"standards and specifications" means the provisions of a document published by a consensus standards organization or a government agency;
What if that published standard has been cancelled or superceded or obsoleted?
If a national standard is no longer officially in effect, (such as dimensionally revised or superceded) then to what standard can a product be certified?
If no lab is certified to test a particular standard, then how can the product be FQA certified?
What if you are manufacturing or altering a fastener to a standard and there are no qualified labs geographically close to your location and you would have to export the parts to another country for testing?
If the fasteners have to be exported for testing, then what arrangements have been made by NIST with US customs for this procedure of export and re-import? Example: duty drawback.
(5) "fastener" means-
(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,
If a 5 mm nominal diameter fastener is described as a 0.197 inches nominal diameter, is it then exempt from the act?
If a #12 nominal diameter fastener is described as 5.49 mm nominal diameter, is it then included in the act?
Is what is primarily a dowel pin, but also has internal or external threads covered by the act?
"Significantly Alter" means to alter in a manner which could weaken or otherwise materially affect the performance or capabilities of the fastener as it was originally manufactured, grade or property class marked, tested, or represented. The term does not include the application of adhesives or sealants, locking elements, provisions for lock wires, coatings and platings of parts having a specified Rockwell C hardness of less than 32, or cutting off of fasteners. The cutting of finished threaded rods, bars or studs to produce individual smaller length threaded studs for resale is not a significant alteration. However, cut threaded studs, rods, and bars offered for sale shall be
individually marked with the grade or property class identification marking appearing on or accompanying the original threaded studs, rods, and bars from which the fasteners were cut.
It is normal industry practice for this to be only a paint color, not a stamped marking.
Does this mean that each piece cut from a property class 8.8 threaded rod must also be paint marked?
What if paint marking is an objectionable feature to the end user?
What if the end user would like a different type of marking such as stamping?
Certified Copy [of a laboratory testing report] means a complete and accurate copy of the original laboratory testing report, which contains a statement describing it as an accurate and complete copy of the original and which is signed by an authorized representative of the accredited laboratory issuing the report or, in the case of metal
chemistry testing reports, an authorized representative of the metal manufacturer.
May this report be photocopied?
Does the photocopy need an original signature?
280.4 Commingling of Fasteners.ref Sec. 280.4 Commingling of Fasteners.
(a) No manufacturer, importer, or private label distributor may commingle fasteners of the same type, grade, and dimension from different lots in the same container; except that such manufacturer,
importer, or private label distributor may commingle fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations: Provided, that any container which contains the fasteners from two lots shall be conspicuously marked with the lot identification numbers of both lots.
(b) Fastener distributors, and persons who purchase fasteners for sale at wholesale or retail, may commingle fasteners of the same type, grade, and dimension from different lots in the same container.
Does this mean that supplying an assortment in the same container, of covered fasteners is no longer permitted?
280.5 Certification of Fasteners.
ref Sec. 280.5 Certification of Fasteners.
Who exactly is entitled to a copy of this certification?
Distributors?
OEM’s?
Retailers?
Consumers?
If OEM’s, retailers or consumers are entitled, than how can this be possible after the parts may have been comingled per section 280.4 (b)?
See also 280.2 who is?
(b) (1) the requirements of paragraph (a) of this section shall not apply to fasteners which are part of a lot of 50 fasteners or less if within 10 working days after delivery of such fasteners, or as soon as
practicable thereafter-
(i) inspection, testing, and certification as provided in subsections 5 (b), (c), and (d) of the Act and
this part is carried out; and
(ii) written notice detailing the results of such inspection, testing, and certification is sent:
(A) to all purchasers of such fasteners, except retail sellers and retail consumers; and
(B) to any retail seller or retail consumer who, prior to delivery, requests such written notice.
Does this mean that a retail consumer, for instance at a local hardware store or home center may request a copy of the certification papers?
280.11 Significant Alterations of Fasteners.
ref 280.11 (a)(3)
"unless the significantly altered fastener is delivered to a purchaser accompanied by a written statement noting the original lot number and the new lot number assigned by the alteror, disclosing the subsequent
alteration, and warning that such alteration may affect the dimensional or physical characteristics of the fastener."
Is the sample form below acceptable wording for NIST on the notification?
Supplying Company Name
Supplying Company Address
certifies that the fastener requested by:
Purchasing Company Name
Purchasing Company Address
on Date,
Purchase order number, _______________________________________________________
Purchase Order Line number or description, _____________________________________________________
Parts from Lot number, _________________________________________________________
Was/were manufactured, modified, altered or significantly altered to your specifications.
Pursuant to the Fastener Quality Act, section 280.11 (a) (3) Significant Alterations of Fasteners,
You are hereby given warning that such alteration may affect the dimensional or physical characteristics of the fastener.
. . . . . . . . . . .
What if the a fastener is sent to a machine shop for alteration, but the standard number of the original fastener is not known, for instance whether it was originally made to a DIN, ISO or UNI standard. In this situation, to what standard should the final product be tested to?
If a machine shop is altering a fastener for a distributor and the fastener will need to be re-marked, whose head marking identification must be used; the machine shops or the distributors?
ref Section 280.11 Significant Alterations of Fasteners.
(b) If the significant alteration is only electroplating of fasteners having a specified Rockwell C hardness of 32 or above,
Property class 8.8 externally threaded fasteners have a Rockwell Hardness specification range of HRC 22-32 for nominal diameters less than 16 mm, and a hardness specification range of HRC 23-34 for nominal diameters 16 mm and greater. If upon specifying HRC values less than 32 for production, or by hardness testing the property class 8.8 fasteners are actually less than HRC 32, then are they exempt from the significant alteration provision that requires a new lot number for electroplating?
or above, the requirements set forth in paragraphs (a)(2) and (a)(3) of this section
shall not apply, but the alteror shall assign a new lot number as set forth in paragraph (a)(1) and shall
test the electroplated fasteners as required by the plating standards and specifications.
Sec. 280.13 Imports of Fasteners.
(a) Except as provided in paragraph (b) of this section, it shall be unlawful for any person to sell to an importer,
How will BXA enforce this on an overseas supplier?
Has the USA State Department or other appropriate USA government agency notified all affected exporting governments that their nationals will be subject to and prosecuted under this law?
and for any importer to purchase any shipment of fasteners or fastener sets manufactured outside the United States unless such shipment to an importer is accompanied by a manufacturer's certificate of conformance, an original laboratory testing report with respect to each lot from which the fasteners are taken, and any other relevant lot identification information.
Does this mean that if we import a typical asssortment box for example of 36 different property class 8.8 hex head cap screws and property class 8 hex nuts, that we would need 36 different sets of certification papers along with 36 different lot numbers?
(b) The requirement that delivery of fasteners to any importer must be accompanied by an original
laboratory testing report shall not apply:
(1) in the case of fasteners imported into the United States as products manufactured within a nation which is party to a congressionally approved free trade agreement with the United States that is in effect, provided that the Director has published in the Federal Register a certification that satisfactory arrangements have been reached by which purchasers within the United States can readily gain access to an original laboratory test report for such fasteners; or,
Why does NIST not intend to comply with the above provision? (Per Preamble)
(2) in the case of fasteners imported into the United States as Canadian-origin products under the United States-Canada Automobile Pact for use as original equipment in the manufacture of motor vehicles.
What provisions have been made on how an importer or overseas supplier may advise US customs that certain imported fasteners were manufactured or modified before the effective date of the law?
Is this the suppliers or importers responsibility?
Is there an example of a format for this notification?
Sec. 280.700 Recorded insignia required prior to offer for sale.
Is it a correct assumption that a machine shop manufacturing or altering a fastener would be classified as a manufacturer?
Other general operational questions:
If a sealed package of FQA certified product is sold to a customer, and then offered for return by that customer after the sealed package had been opened, can it be resealed and resold again as FQA certified product?
If several sealed packages of the same part number, but different lot number FQA certified products are damaged in shipment, and inadvertently co-mingled, must they all be scrapped?
In the above scenario, can the shipping company be charged back for the laboratory testing charges in addition to the charge for the replacement material?
Must a fastener which was originally manufactured prior to the effective date of the FQA, but is significantly altered after the effective date be tested under the FQA?
Are pre-hardened bolt or nut blanks that were originally manufactured prior to the effective date of the FQA, but are trimmed to length and threaded after the effective date exempt from the FQA?
If a manufacturer marked product undergoes a substantial alteration by an overseas machine shop before export to the USA, then what are the headmarking requirements?
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