15 U.S.C. § 5402: Definitions

meets the requirements of ISO/IEC Guide 25 (or another document approved by the Director under section 5411a(c) of this title ), including revisions from time-to-time; and has been accredited by a laboratory accreditation body that meets the requirements of ISO/IEC Guide 58 (or another document approved by the Director under section 5411a(d) of this title ), including revisions from time-to-time; “consensus standard” means the provisions of a document that describes fastener characteristics published by a consensus standards organization or a Federal agency, and does not include a proprietary standard; “consensus standards organization” means the American Society for Testing and Materials, the American National Standards Institute, the American Society of Mechanical Engineers, the Society of Automotive Engineers, the International Organization for Standardization, any other organization identified as a United States consensus standards organization or a foreign and international consensus standards organization in the Federal Register at 61 Fed. Reg. 50582–83 ( September 26, 1996 ), and any successor organizations thereto; “Director” means the Director of the National Institute of Standards and Technology; “distributor” means a person who purchases fasteners for the purpose of reselling them at wholesale to unaffiliated persons within the United States (an original equipment manufacturer and its dealers shall be considered affiliated persons for purposes of this chapter); part of an assembly; a part that is ordered for use as a spare, substitute, service, or replacement part, unless that part is in a package containing more than 75 of any such part at the time of sale, or a part that is contained in an assembly kit; produced and marked as ASTM A 307 Grade A, or a successor standard thereto; produced in accordance with ASTM F 432, or a successor standard thereto; by the Federal Aviation Administration; or by a foreign airworthiness authority as described in part 21.29, 21.500, 21.502, or 21.617 of title 14 of the Code of Federal Regulations; manufactured in accordance with a fastener quality assurance system; or manufactured to a proprietary standard, whether or not such proprietary standard directly or indirectly references a consensus standard or any portion thereof; International Organization for Standardization (ISO) Standard 9000, 9001, 9002, or TS16949; Quality System (QS) 9000 Standard; Verband der Automobilindustrie e. V. (VDA) 6.1 Standard; or Aerospace Basic Quality System Standard AS9000; or that has as a stated goal the prevention of defects through continuous improvement; advanced quality planning; monitoring and control of the manufacturing process; product verification embodied in a comprehensive written control plan for product and process characteristics, and process controls (including process influence factors and statistical process control), tests, and measurement systems to be used in production; and the creation, maintenance, and retention of electronic, photographic, or paper records required by the control plan regarding the inspections, tests, and measurements performed pursuant to the control plan; and is subject to certification in accordance with the requirements of ISO/IEC Guide 62 (or another document approved by the Director under section 5411a(a) of this title ), including revisions from time-to-time, by a third party who is accredited by an accreditation body in accordance with the requirements of ISO/IEC Guide 61 (or another document approved by the Director under section 5411a(b) of this title ), including revisions from time-to-time; or undergoes regular or random evaluation and assessment by the end user or end users of the screws, nuts, bolts, studs, or load-indicating washers produced under such fastener manufacturing system to ensure that such system meets the requirements of clauses (i) and (ii); “grade identification marking” means any grade-mark or property class symbol appearing on a fastener purporting to indicate that the lot of fasteners conforms to a specific consensus standard, but such term does not include a manufacturer’s insignia or part number; “importer” means a distributor located within the United States who contracts for the initial purchase of fasteners manufactured outside the United States; “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; “manufacturer” means a person who fabricates fasteners for sale in commerce; uses screws, nuts, bolts, studs, or load-indicating washers in the manufacture, assembly, or servicing of its products; and with respect to such screws, nuts, bolts, studs, or washers, is a developer and issuer of descriptions that have characteristics similar to consensus standards and that bear such user’s identification; the name and address of the manufacturer; a description of the type of fastener; the lot number; the nominal dimensions of the fastener (including diameter and length of bolts or screws), thread form, and class of fit; the consensus standard or specifications to which the lot of fasteners has been manufactured, including the date, number, revision, and other information sufficient to identify the particular consensus standard or specifications being referenced; the chemistry and grade of material; the coating material and characteristics and the applicable consensus standard or specifications for such coating; and the results or a summary of results of any tests performed for the purpose of verifying that a lot of fasteners conforms to its grade identification marking or to the grade identification marking the lot of fasteners is represented to meet; “represent” means to describe one or more of a fastener’s purported characteristics in a document or statement that is transmitted to a purchaser through any medium; “Secretary” means the Secretary of Commerce; “specifications” means the required characteristics identified in the contractual agreement with the manufacturer or to which a fastener is otherwise produced, except that the term does not include proprietary standards; and “through-harden” means heating above the transformation temperature followed by quenching and tempering for the purpose of achieving uniform hardness.