RES-2-23 OT:RR:BSTC:CCR H263979 WRB
Ms. Michelle Hampton
United Cutlery
475 U.S. Highway 319 South
Moultrie, GA 31768
RE: Restricted Merchandise; Switchblade Knives; 15 U.S.C. §§ 1241-1245; 19 C.F.R. §§ 12.95-12.103; United Cutlery.
Dear Ms. Hampton:
This is in response to your request for a tariff classification ruling, dated February 9, 2015, which this office received on April 20, 2015. Based on our examination of the sample knife you submitted, we are not issuing you a tariff classification ruling. Rather, we are issuing you a ruling as to whether the subject knife is a admissible into the commerce of the United States. Our determination follows.
FACTS
United Cutlery proposes to import knives, which it refers to in its ruling request as a “new design folding knife,” into the United States from Taiwan. The following facts are based on our examination of the sample knife United Cutlery submitted with its ruling request. The knife is composed of a two-piece, black metal grip and a double-edged blade which operates under spring pressure and retracts into the grip. The blade is a double-edged, stiletto-type blade, tapering toward a sharp tip. The grip with the blade retracted is approximately 5 3/8 inches long and 1 and 1/16 inches wide at its widest point. One end of the grip exhibits a cylindrical, pointed metal pommel. Fully deployed, the blade is approximately 3 ¾ inches long. Further, detail of the sample knife is discussed in the “Law and Analysis” section below. The following photographs of the sample knife were taken by this office.
ISSUE
Whether the subject knife is admissible into the United States under the provisions of the Switchblade Knife Act, 15 U.S.C. §§ 1241 to 1245, or 19 C.F.R. § 12.95(a)(1).
LAW AND ANALYSIS
The admissibility of knives into the commerce of the United States is determined according to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, as implemented by the Customs and Border Protection (CBP) Regulations, set forth in 19 C.F.R. §§ 12.95-12.103. Pursuant to 15 U.S.C. § 1242, “[w]hoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $ 2,000 or imprisoned not more than five years, or both.” Further, “[i]mportations 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 C.F.R. § 12.97.
A “switchblade knife” is defined as “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.” See 15 U.S.C. § 1241; see also 19 C.F.R. § 12.95(a)(1). However, 15 U.S.C. § 1242 does not apply to “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.” See 15 U.S.C. § 1244.
The sample knife has a black metal sliding button that protrudes from one side of the knife which operates in a linear track along the side of the grip. Pushing forward on the button deploys the blade out the front of the handle and pressing backwards on the button retracts the blade back into the handle where it is ready again to be deployed. The blade is under spring pressure at all times.
While the operation of the sample knife exhibits a spring and detent system, it does not fall within the scope of the exception to the Switchblade Knife Act found at 15 U.S.C. § 1244(5). The sample knife has two detent stops which causes the point of the blade to protrude from the end of the grip approximately 1/16 of an inch and 5/16 of an inch, respectively. However, pressing forward with a minimal amount of pressure bypasses both the first and second detents causing the blade to spring forward automatically and lock in the fully extended position. Accordingly, the operation of the spring and detent system does not “…create a bias toward closure of the blade that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife;” rather, it creates a bias toward opening of the blade which causes the blade to spring forward under the pressure of the spring and lock in place.
Accordingly, we find that the knife, as described in the FACTS section above, falls within the scope of the definition of a switchblade knife at 19 C.F.R. § 12.95(a)(1), and within the meaning of the Switchblade Knife Act at 15 U.S.C. §§ 1241 to 1245. The knife, as described above, is a switchblade knife within the meaning of the Switchblade Knife Act and is not admissible into the United States.
HOLDING
The knife, as described above, is a switchblade knife within the meaning of the Switchblade Knife Act, 15 U.S.C. §§ 1241 to 1245, as implemented by the Customs and Border Protection (CBP) Regulations, set forth in 19 C.F.R. §§ 12.95-12.103, and is not admissible into the United States. The sample provided will be retained by CBP and appropriately destroyed in due course.
Sincerely,
Lisa L. Burley
Supervisory Attorney-Advisor/Chief
Cargo Security, Carriers and Restricted Merchandise Branch
Office of International Trade, Regulations and Rulings
U.S. Customs and Border Protection