ENF-4-02-OT:RR:BSTC:CCI HQ H198079 DAC
Clint H. Kadel
United Cutlery Corporation
475 US Highway 319 South
Moultrie, GA 31768
RE: Request for Ruling Regarding the Admissibility of a Knife
Dear Mr. Kadel:
This is in reply to your letter dated November 29, 2011, to the National Commodity Specialist Division, New York, in which you requested a ruling regarding the admissibility of a certain knife described below. A sample knife was provided for examination.
FACTS:
The knife at issue is described as the “Rampage” assisted-open folding knife. It is a release assisted, folding knife, with a single edge blade. The knife measures approximately 4 ½ inches in length when closed. The knife blade measures approximately 3 inches in length. When the knife is in the opened and locked position, the overall length of the knife is approximately 7 ½ inches. There markings on the blade that state, “UNITED” on the front side of the knife blade, and “UC2726 STAINLESS STEEL CHINA” on the reverse side of the blade.
The “Rampage” assisted-open folding knife has an opening mechanism equipped with an assist spring. This mechanism assists in the opening of the knife after the knife has been manually opened to approximately thirty degrees. The blade must be opened manually until the blade reaches approximately thirty degrees at which point the mechanism engages and the blade springs open to its extended and locked position. The knife is refolded by depressing a manual release along the knife handle. Images of the subject knife are provided below.
ISSUE:
Whether the subject knife is prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, as amended October 28, 2009, and the Customs and Border Protection (“CBP”) Regulations promulgated pursuant to the Switchblade Knife Act set forth in 19 CFR §§ 12.95-12.103.
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 relevant 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 relevant 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 knife is described as the “Rampage” assisted-open folding knife, (style number UC 2726). The 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 the knife, the spring mechanism opens the blade to the fully opened and locked position. The knife contains a spring mechanism designed to create a bias toward closure of the blade, and such mechanism requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife. The subject knife, the “Rampage” assisted-open folding knife, contains 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 the subject knife, the “Rampage” assisted-open folding knife, is not a switchblade knife 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 the “Rampage” assisted-open folding knife is permitted entry into the United States.
HOLDING:
Based on the discussion above, we determine the subject merchandise, the “Rampage” assisted-open folding knife, is not a “switchblade” knife within the meaning of the Switchblade Knife Act as amended October 28, 2009, 15 U.S.C. §§ 1241 – 1245. Accordingly, the “Rampage” assisted-open folding knife is permitted entry into the United States.
Sincerely,
George Frederick McCray
Supervisory Attorney-Advisor/Chief
Cargo Security, Carriers and Immigration Branch
Office of International Trade, Regulations & Rulings
U.S. Customs and Border Protection