ENF-4-02-OT:RR:BSTC:IP HQ H059417 DAC
Mr. Thomas M. Keating, Esq.
Hodes, Keating & Pilon
134 North La Salle St., Suite 1300
Chicago, Illinois 60602-1007
RE: Request for Reconsideration of Ruling HQ H040319 AML (November 26, 2008); Switchblade Knife Act and Admissibility of Knives; 15 U.S.C. §§ 1241-1245, as amended October 28, 2009; 19 CFR § 12.97.
Dear Mr. Keating:
This is in reply to your letter of April 16, 2009, on behalf of Fiskars Brands, Inc., in which you requested reconsideration of Ruling HQ H040319 (dated November 26, 2008), regarding the inadmissibility of merchandise, i.e. knives, pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245. The Switchblade Knife Act was amended October 28, 2009. 15 U.S.C. § 1244.
FACTS:
The subject merchandise consists of two knives, both are described as Gerber’s “Fast Draw” style knife, one has a blade described as a “fine” edge, and one has a blade described as a “serrated” edge. Each style knife has a button built into their handles which may be set in a “locked” or an “unlocked” position. The button on each style knife may be set in the locked position to hold the blade in the open and exposed position. Each style knife is built with a “stud” or protrusion positioned symmetrically at the base of the blade. If thumb pressure is applied to the protrusion on each style knife, the spring mechanism opens the blades to the fully opened and locked position.
The Gerber knife has an approximately 3 inch blade and measures approximately 4 ¼ inches when closed. When extended, the overall length of the knife is approximately 7 ¼ inches. The knife is refolded by depressing the button in the handle.
Images of the subject merchandise are provided below.
Gerber “Fast Draw” knife: side view.
Gerber “Fast Draw” knife: reverse side view, (i.e. “clip” side view).
Gerber “Fast Draw” knife: side view with “serrated” style blade extended.
Gerber “Fast Draw” knife: “clip” side view with “serrated” style blade extended.
ISSUE:
Whether the subject knives are prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, as amended October 28, 2009.
LAW AND ANALYSIS:
The admissibility of knives into the United States is determined according to the Switchblade Knife Act, 15 U.S.C. § 1241-1245. The Switchblade Knife Act was amended on October 28, 2009. 15 U.S.C. § 1244.
The pertinent statutory sections are provided below.
15 U.S.C. § 1241. Definitions As used in this Act-- (a) The term "interstate commerce" means commerce between any State, Territory, possession of the United States, or the District of Columbia, and any place outside thereof. (b) The term "switchblade knife" means any knife having a blade which opens automatically-- (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both.
15 U.S.C. § 1241. (emphasis added.)
15 U.S.C. § 1244. Exceptions Sections 2 and 3 of this Act [15 U.S.C. §§ 1242 and 1243] shall not apply to-- (1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business; (2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces; (3) the Armed Forces or any member or employee thereof acting in the performance of his duty; (4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or (5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.
15 U.S.C. § 1244. (amended October 28, 2009). (emphasis added.)
The pertinent regulatory section is provided below.
19 CFR § 12.97. Importations contrary to law.
Importations of switchblade knives, except as permitted by 15 U.S.C. 1244, are importations contrary to law and are subject to forfeiture under 19 U.S.C. 1595a(c).
19 CFR § 12.97. (emphasis added.)
The subject merchandise consists of two knives; each is described as a Gerber “Fast Draw” style knife. One style has a blade described as a “fine” edge, and the other style has a blade described as a “serrated” edge. Each style knife has a button built into their handles which may be set in a “locked” or an “unlocked” position. The button on each style knife may be set in the locked position to hold the blade in the open and exposed position. Each style knife is built with a “stud” or protrusion positioned symmetrically at the base of the blade. If thumb pressure is applied to the protrusion on each style knife, the spring mechanism opens the blade to the fully opened and locked position. Each style knife contains a spring mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife. These knives contain a spring mechanism that is explicitly provided for within the statutory exception located at 15 U.S.C. § 1244(5).
Based upon the statutory exception provided within 15 U.S.C. § 1244(5), CBP determines that these knives, described as Gerber “Fast Draw” knives, both the “serrated” style blade and the “fine” edge style blade are not switchblade knives within the meaning of the Switchblade Knife Act as amended October 28, 2009. 15 U.S.C. § 1244. 19 CFR § 12.97. Accordingly, the subject merchandise described as Gerber “Fast Draw” style knives are permitted entry into the United States.
HOLDING:
Based on the recently amended statute, we determine the subject merchandise, described as the Gerber “Fast Draw” knives, both the “serrated” style blade and the “fine edge” style blade, are not “switchblade” knives within the meaning of the Switchblade Knife Act as amended October 28, 2009, 15 U.S.C. §§ 1241 – 1245, and these style knives are therefore permitted entry into the United States.
Sincerely,
Charles Steuart
Chief, Intellectual Property Rights and
Restricted Merchandise Branch