ENF-4-02-OT:RR:BSTC:IPR H040319 AML
Mr. Michael Pipitone
John F. Kilroy Co., Inc.
One Cross Island Plaza
Suite 203E
Rosedale, NY 11422-1400
RE: Request for Ruling Regarding the Admissibility of Knives
Dear Mr. Pipitone:
This is in reply to your letter dated September 9, 2008, addressed to the National Commodity Specialist Division, New York, in which you requested a ruling regarding the admissibility of two “pocket knives,” described and set forth in images below, pursuant to the Switchblade Knife Act, 15 U.S.C. § 1241, et seq. Your request was forwarded to this office for reply. Samples were provided for our consideration.
FACTS:
There are two knives at issue: Gerber’s “Fast Draw” style and Smith & Wesson’s style FWATM (we note that the sample provided and depicted below bears the acronym “S.W.A.T.” on its blade). Both knives have buttons built into their handles which lock and unlock the blades. Both models are built with “studs” or protrusions positioned symmetrically at the base of their blades. When thumb pressure is applied to the protrusions on both models, the spring mechanism opens the blades to the fully opened, 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.
The Smith & Wesson knife has an approximately 3 ¼ inch blade and measures approximately 4 ¼ inches when closed. When extended, the overall length of the knife is
approximately 7 ½ inches. The knife is refolded by depressing a manual release which is built into the blade housing within the handle.
Images of the knives at issue:
Gerber, side view with lock button
Gerber, reverse side
Gerber, blade extended
Gerber, blade extended, reverse
Smith & Wesson, side view with lock button
Smith & Wesson, side view, reverse
Smith & Wesson, blade extended, side view
Smith & Wesson, blade extended, reverse
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 and CBP Regulations promulgated pursuant thereto set forth in 19 CFR §§ 12.95-12.103.
LAW AND ANALYSIS:
Pursuant to the Act of August 12, 1958 (Pub. L. 85-623, codified at 15 U.S.C. §§ 1241-1245, otherwise known as the “Switchblade Knife Act”), whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined or imprisoned, or both.
The Customs and Border Protection (“CBP”) Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In this regard we note the following definitions:
§ 12.95 Definitions.
Terms as used in §§12.96 through 12.103 of this part are defined as follows:
(a) Switchblade knife. …any imported knife,…including “Balisong”, “butterfly” … knives, which ha[ve] one or more of the following characteristics or identities:
(1) A blade which opens automatically by hand pressure applied to a button or device in the handle of the knife, or any knife with a blade which opens automatically by operation of inertia, gravity, or both;
(2) Knives which, by insignificant preliminary preparation, as described in paragraph (b) of this section, can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both;
(3) Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both; or
(4) Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof. . . .
Other pertinent regulations are as follows:
§ 12.96 Imports unrestricted under the Act.
(a) Common and special purpose knives. Imported knives with a blade style designed for a primary utilitarian use, as defined in § 12.95(c), shall be admitted to unrestricted entry provided that in condition as entered the imported knife is not a switchblade knife as defined in §12.95(a)(1). . . .
§ 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).
In turning to the knives at issue, application of the regulatory criteria set forth above reveals that Gerber’s “Fast Draw” style and Smith & Wesson’s style FWATM are “switchblades” within
the meaning of 19 CFR Part 12.95(a)(1) because they meet the criteria enumerated therein, i.e., they open automatically by operation of inertia, gravity, or both. While CBP is cognizant that rulings exist which have determined that importation of knives with spring-assist opening mechanisms is permissible, the models at issue are distinguishable in that both models can be opened to the fully locked position with one hand by application of minimal pressure to the protrusions on the base of their respective blades. Indeed, examination of both models of knives reveals that it is easier to spring the blades open to their fully opened and locked position than it is to partially open them. Consequently, pursuant to § 12.97, Customs Regulations (19 CFR § 12.97), the importation of these knives would be contrary to law and such imports would be subject to seizure and forfeiture under 19 U.S.C. § 1595a(c).
This determination comports with that made in Headquarters Rulings Letter (“HQ”) 115713, dated July 29, 2002, in which CBP determined that knives which “can be opened by the application of finger or thumb pressure against one of the aforementioned studs that protrudes from the side of the blade which activates a spring mechanism automatically propelling the blade into a fully open and locked position” are prohibited by the Switchblade Knife Act.
HOLDING:
The subject knives are “switchblades” within the meaning of 19 CFR Part 12.95(a)(1) and are therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245).
Sincerely,
George Frederick McCray, Chief
Intellectual Property Rights and
Restricted Merchandise Branch