CLA-2-82:S:N:N3:119 810334
Ms. Tracy Budge
ClearFreight Inc.
8647 Aviation Blvd.
Inglewood, CA 90301
RE: Admissibility of a stiletto style lock blade knife from
Taiwan
Dear Ms. Budge:
In your letter dated April 28, 1995, you requested a ruling on
the
tariff classification and admissibility of a stiletto style lock blade
knife on behalf of Howard Chatt DBA Sport Blades, Gardena, CA. A sample
was submitted with your request.
With the exception of a spring, the sample has all the characteristics
of a switchblade knife, including a sharp pointed stiletto type blade with
one ground edge, hand guard, an operable push button, a locking device to
lock the blade in the open position, a sliding safety device in the handle
to lock the push button and prevent accidental opening of the blade. The
knife measures 4 7/8 inches in the closed position and has a 3 3/4 inch
long blade. Without the spring, the blade has to be pulled out of the
handle manually while depressing the push button.
Part 12 of the Customs Regulations (19 CFR Part 12) at Section 12.95
reads in part as follows:
(a) Switchblade knife. "Switchblade knife"
means any imported knife, or components thereof,
or any class of imported knife, including
"switchblade", "Balisong", "butterfly", "gravity"
or "ballistic" knives, which has 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;
Based on the above, we have determined that this type of knife, as
represented by the sample you submitted, is prohibited merchandise under
the Switchblade Knife Act (15 U.S.C. 1241-1244) and cannot be imported into
the United States.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport