OT:RR:BSTC:CCR H322343 DMK
Ms. Judith L. Haggin
Total Logistics Resources, Inc.
P.O. Box 30419
Portland, OR 97294
RE: Request for Reconsideration; Restricted Merchandise; Switchblade Knives; 15 U.S.C. §§ 1241-1245; 19 C.F.R. §§ 12.95-12.103; Battenfeld Technologies, Inc.
Dear Ms. Haggin:
This letter is in response to your request for reconsideration, dated November 9, 2021, of Headquarters Ruling Letter (“HQ”) H316726, issued to you on July 27, 2021. In HQ H316726, U.S. Customs and Border Protection (“CBP”) classified your product, described as a spring assisted “out the front” knife, as a switchblade knife pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, and therefore inadmissible into the commerce of the United States. We affirm HQ H316726 because the product does not fall under the 15 U.S.C. § 1244(5) exception to the Switchblade Knife Act. Our decision follows.
FACTS
The following facts are based upon our examination of the sample knives provided for examination, which was received at this office on December 16, 2021, your initial ruling request, your March 17, 2021 response to our request for additional information, our HQ H316726 ruling letter, your November 9, 2021 request for reconsideration, and your updated request for reconsideration received in this office on March 2, 2022 including all attachments.
HQ H316726 described the subject merchandise as follows:
The knife is a folding knife composed of a two-piece, blue and black colored steel grip, and a tapered, single edged blade that operates under spring pressure. The blade is sharpened on one side and tapers toward a sharp tip. The grip with the blade retracted in the closed position is approximately four inches long and one inch wide at its widest point. With the blade fully extended out in the fully opened position, the entire knife is approximately seven inches long. The blade of the knife in the opened position is approximately three inches long.
[…]
The sample knife has a grey metal thumb slider that protrudes from one side of the knife which operates in a semicircular track along the inside the grip. Applying pressure with one’s thumb away from one’s palm while holding the knife deploys the blade out of the grip into the fully opened position with ease and great speed. No additional exertion is needed to open the knife once the slider is moved. The blade is then locked open by a spring mechanism that prevents closure until the spring is moved and released.
The new sample knife provided alongside your request for reconsideration is similar to, but differs somewhat from, the sample described in HQ H316726. The new sample knife is green and black, with a tapered, double-edged blade sharpened on both sides. The bottom half of both sides of the blade is serrated.
In your request for reconsideration, you contend that the subject merchandise is not a switchblade knife for the purposes of 15 U.S.C. §§ 1241-1245, because the knife “has a novel construction including a spring detent that is designed to create bias toward closure of the blade, and the spring detent requires exertion applied to the blade by hand to overcome the bias toward closure to assist in opening the knife.” A review of the patent application for this knife shows that this is achieved using a spring connected to a rounded cam which fits into a notch on the blade tang. The cam engages the ramp in the stowed position, exerting a rearward bias to the blade, which has the effect of continually biasing the blade toward closure. Overcoming this bias is done by pushing the actuator, which moves an actuating arm until it contacts a blade pusher, which pushes the blade forward until the cam becomes dislodged from the notch on the blade tang. Pushing the actuator partially forward and releasing before overcoming the rearward bas causes the cam to ride laterally on the ramp, and then force the blade back to the stowed position.
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).
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 CBP Regulations, set forth in 19 C.F.R. §§12.95-12.103. Pursuant to 15 U.S.C. § 1242, “[w]however 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.” “Importations of switchblade knives, …, 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 “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.” 15 U.S.C. § 1244(5) (emphasis added).
This office has previously held that certain knives contain mechanisms explicitly provided for within the statutory exception located at 15 U.S.C. § 1244(5). These knives require hand pressure applied directly to the blade, or to studs on the blade itself, to open the knife far enough to overcome the bias toward closure. HQ H059417 (August 19, 2010). This is true even when the knife contains a spring to assist in opening, so long as there is also bias toward closure which must be overcome by hand pressure applied to the blade. HQ H198079 (March 1, 2012).
In contrast, this office has previously held certain “out the front” knives clearly fall within the definition of a switchblade knife under 19 C.F.R. § 12.95(a)(1). HQ H229916 (November 13, 2012). An “out the front” knife which exhibits a spring and detent system which biases towards opening the knife is also a switchblade. HQ H263979 (May 29, 2015).
The knife at issue exhibits a spring and detent system which biases towards closing the knife. Overcoming this bias is achieved by applying exertion by hand to the thumb slider on the side of the handle, which indirectly causes the cam to exit the notch, at which point the blade springs to the deployed position. This places the knife squarely outside of the exception in 15 U.S.C. § 1244(5) because the exertion is not applied by hand to the blade. Therefore, based upon our examination of the subject merchandise and our review of the technical descriptions of the subject merchandise, we determine the subject merchandise is a switchblade knife pursuant to 15 U.S.C. § 1241(b)(1) and is inadmissible to enter into the commerce of the United States.
HOLDING
We determine that the subject merchandise is a switchblade knife within the meaning of the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, as implemented by the CBP Regulations set forth in 19 C.F.R. §§ 12.95-12.103, and does not fall within the exception found in 15 U.S.C. § 1244(5). Therefore, this knife is prohibited entry into the United States. The subject sample knife provided will be retained by CBP and appropriately destroyed in due course.
Sincerely,
W. Richmond Beevers
Chief, Cargo Security, Carriers and Restricted Merchandise Branch
Office of Trade; Regulations and Rulings
U.S. Customs and Border Protection