ENF-4-02-OT:RR:BSTC:IP HQ H092015 DAC
Mr. Monte Combs
SZCO
P.O. Box 6353
2713 Merchant Drive
Baltimore, MD 21230
RE: Request for Ruling Regarding the Admissibility of Knives
Dear Mr. Combs:
This is in reply to your letter dated Jan 12, 2010, 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 was provided for examination.
FACTS:
The knife at issue is described as the “Tailwind” assist knife, and is a single edged, release assisted, folding knife. The knife has a “false edge grind” on the topside of the 3 ¼ inch blade and measures 4 ½ inches when closed. When extended, the overall length of the knife is 7 ¾ inches. The markings on the blade read, “United Cutlery”, “UC 26128”, “440 Stainless”, US Pat. #7051441”.
The “Tailwind” assist knife has a patented opening mechanism. The opening mechanism, subject of U.S. Patent number 7,051,441, is equipped with an assist spring, which assists in the opening of the knife only 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.
Images of the subject knife are provided below.
Images of the subject knife are provided above.
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, 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 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 knife is described as the “Tailwind” assist knife. 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 “Tailwind” assist 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 “Tailwind” assist 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 “Tailwind” assist knife is permitted entry into the United States.
HOLDING:
Based on the recently amended statute, we determine the subject merchandise, the “Tailwind” assist 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, and the “Tailwind” assist knife is permitted entry into the United States.
Sincerely,
Charles Steuart, Chief
Intellectual Property Rights and
Restricted Merchandise Branch