CLA-2 OT:RR:CTF:TCM H251128 LOR
Mr. Michael Boggins
Global Logistics
Interdesign, Inc.
30725 Solon Industrial Parkway
Solon, OH 44139
RE: Request for Binding Ruling; Classification of the Folding Rescue Knife®
Dear Mr. Boggins: This is in reply to your letter dated January 17, 2014, to the National Commodity Specialist Division, New York, NY, in which you requested a ruling regarding the tariff classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of a certain knife described below. Your inquiry was forwarded to this office for a response. A sample was provided for examination, and is being returned per your request. FACTS:
At issue is a knife described as the "Folding Rescue Knife®", Item # ST41100, as pictured below:
Rescue Knife: ST41100
The knife has an approximately 3 inch long locking stainless steel blade with an outer housing composed of aluminum. The knife has a pocket clip and features a seat belt cutter, and a glass breaker. When the knife is in the open and locked position, its overall length is approximately 7¾ inches.
The knife has a protrusion located on the base of the blade for one-handed opening. It extends beyond the outer housing. When pressure is applied to the protrusion, the blade springs open and is locked in place. The knife is retracted by depressing a manual release.
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.
What is the classification of the knife under the HTSUS.
LAW AND ANALYSIS:
ADMISSIBILITY
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. (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--
….
(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. (Emphasis added.)
The relevant regulatory section is found at 19 C.F.R. § 12.97, which provides, in pertinent part:
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). (Emphasis added.)
The subject knife is described as being equipped with a “spring-loaded retractable” blade. Upon examination of the sample you provided, the blade appears to be of a conventional lock-back design which exhibits a small, but noticeable, bias toward closure achieved through the mechanism of a spring inside the handle. As such, the knife contains a mechanism that is 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. Therefore, the subject knife contains a 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 is not a switchblade knife within the meaning of the Switchblade Knife Act, as amended. See 15 U.S.C. § 1244, and see 19 CFR § 12.97. Accordingly, the subject merchandise is permitted entry into the United States.
CLASSIFICATION
Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
Heading 8211, HTSUS, provides for:
Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof:
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).
EN 82.11 states, in pertinent part, that:
This heading covers knives with cutting blades, serrated or not, with the exception of those included in heading 82.08, and of certain tools and tableware sometimes called "knives" . . . .
The heading covers: * * *
(3) Folding knives of all kinds, with handles of base metal, wood, horn, plastics, etc. This group includes, inter alia:
Pocket knives, pen knives, jack knives, campers’ knives and sports knives (all these knives may have more than one blade, or be equipped with auxiliary corkscrews, spikes, screwdrivers, scissors, can openers, etc.); pocket folding knives for pruning, budding, grafting, etc.
In this case, the subject article is a folding knife with a steel cutting blade and an aluminum handle. The knife folds from approximately 7¾ inches, when open and locked, to approximately 4½ inches when folded closed. The knife meets the description of a folding knife in the EN 82.11. Therefore, the subject knife is described by the text of heading 8211, HTSUS, as “knives with cutting blades” and is classified therein.
HOLDING:
The "Folding Rescue 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 or the CBP Regulations, 19 CFR § 12.97. Therefore, the subject “Folding Rescue Knife®” is permitted entry into the United States.
By application of GRIs1 and 6, the “Folding Rescue Knife®” is classified in heading 8211, HTSUS, specifically in subheading 8211.93.00, which provides for “Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Knives having other than fixed blades.” The 2014 general rate of duty will be 3¢ each, plus 5.4% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the internet at www.usict.gov.
Sincerely,
Ieva O’Rourke, Chief
Tariff Classification & Marking Branch