Restricted Merchandise: Admissibility Determination: Knife, described as style no. SP104-45AL; prospective importer Compass Industries, 104 East 25th Street, New York, NY 10010.

HQ H029437 DAC August 11, 2008 OT:RR:BSTC:IPR Mr. Michael Pipitone John F. Kilroy Co., Inc. Customs Broker One Cross Island Plaza Suite 203E Rosedale, NY 11422-1400 RE: Restricted Merchandise: Admissibility Determination: Knife, described as style no. SP104-45AL; prospective importer Compass Industries, 104 East 25th Street, New York, NY 10010. Dear Mr. Pipitone: This letter is in response to your letter dated May 9, 2008, requesting a determination of admissibility for a particular style of knife (style no. SP104-45AL). In the May 9, 2008 letter, you as a customs broker have made a request for a determination of admissibility of such merchandise on behalf of your client, Compass Industries. In your letter, the subject merchandise is described as a knife - style number SP104-45AL. Additionally, a sample knife was provided along with your request. SUBJECT MERCHANDISE: Knife, style number SP104-45AL. The knives at issue are described as a “Pocket Knife”, style number “SP104-45AL”. The sample submitted is a folding knife with a three and one quarter inch (3 ¼”) blade and a four and one half inch (4 ½”) handle. In the closed position the blade slides into the handle, and the handle covers and conceals the blade. In the open position the handle and blade align, and the blade is exposed. To open the knife, the single device located on the back of the handle is depressed and the knife blade quickly flips out from within the handle, and the knife is instantly in the open position with the blade exposed. ISSUE: Whether the subject knives are prohibited entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245. 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, et seq., as implemented by the Customs and Border Protection (CBP) Regulations, located at 19 CFR §§ 12.95 through 12.103. The CBP Regulations restate the provisions of 15 U.S.C. § 1241 verbatim. As we have stated repeatedly, and again recently in Headquarters Ruling Letter HQ H019251, dated November 9, 2007, pursuant to the Act of August 12, 1958 (Pub. L. 85-623, codified at 15 U.S.C. §§ 1241-1245, otherwise known as the “Switchblade Knife Act"), whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined or imprisoned, or both. The Customs and Border Protection ("CBP") Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In this regard we note the following relevant regulatory and statutory definitions and provisions. 19 CFR § 12.95 Definitions. Terms as used in §§12.96 through 12.103 of this part are defined 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; or (4) Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof. (b) Insignificant preliminary preparation. “Insignificant preliminary preparation” means preparation with the use of ordinarily available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time. (c) Utilitarian use. “Utilitarian use” includes but is not necessarily limited to use: (1) For a customary household purpose; (2) For usual personal convenience, including grooming; (3) In the practice of a profession, trade, or commercial or employment activity; (4) In the performance of a craft or hobby; (5) In the course of such outdoor pursuits as hunting and fishing; and (6) In scouting activities. (emphasis added.) Relevant related regulations are provided below. 19 CFR § 12.96. Imports unrestricted under the Act. (a) Common and special purpose knives. Imported knives with a blade style designed for a primary utilitarian use, as defined in §12.95(c), shall be admitted to unrestricted entry provided that in condition as entered the imported knife is not a switchblade knife as defined in §12.95(a)(1). Among admissible common and special purpose knives are jackknives and similar standard pocketknives, special purpose knives, scout knives, and other knives equipped with one or more blades of such single edge nonweapon styles as clip, skinner, pruner, sheep foot, spey, coping, razor, pen, and cuticle. (b) Weapons with fixed blades. Importations of certain articles having a fixed unexposed or exposed blade are not within the prohibition of 15 U.S.C. 1241 through 1245. However, upon release by Customs, possession of these admissible articles which include such weapons as sword canes, camel whips, swords, sheath knives, machetes and similar devices that may be capable of use as weapons may be in violation of State or municipal laws. 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.) Relevant statutory sections are provided below. 15 USC § 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 USC § 1242.  Introduction, manufacture for introduction, transportation or distribution in interstate commerce; penalty Whoever 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. (emphasis added.) The knives at issue are described as a “Pocket Knife”, style number “SP104-45AL”. The sample submitted is a folding knife with a three and one quarter inch (3 ¼”) blade and a four and one half inch (4 ½”) handle. In the closed position the blade slides into the handle, and the handle covers and conceals the blade. In the open position the handle and blade align, and the blade is exposed. The sample knife is opened by depressing the single device located on the back of the handle, and the knife blade quickly flips out from within the handle into the open position, with the blade exposed. We find that these knives, described as “Pocket Knife” style number “SP104-45AL” are switchblade knives within the meaning of 19 CFR 12.95(a)(1). These knives clearly fall within the scope of the CBP Regulations at 19 CFR § 12.95. Additionally, we find these knives clearly fall within the Switchblade Knife Act at 15 USC §§ 1241 to 1245. Accordingly, the knives described as “Pocket Knife” style number “SP104-45AL” are switchblade knives within the meaning of the Switchblade Knife Act and are not admissible into the United States. CONCLUSION Based on the totality of the facts and circumstances, unique to this particular case, we find the subject knife, described as the “Pocket Knife” style number “SP104-45AL” is a switchblade knife within the meaning of the Switchblade Knife Act (15 USC §§ 1241 to 1245) and is therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245. See also 19 CFR §§ 12.95-12.103). The sample provided will be retained by CBP and appropriately destroyed in due course. This ruling is being issued under the provisions of Part 177 of the CBP Regulations located at 19 C.F.R. § 177. In the future, any further correspondence regarding this matter should be directed to: Intellectual Property Rights and Restricted Merchandise Branch, Department of Homeland Security, U.S. Customs and Border Protection, Office of Regulations and Rulings, 1300 Pennsylvania Avenue, N.W., Mint Annex, Washington, D.C. 20229. For ease of administration, please include the reference number HQ H029437 in your correspondence. If you should have any further questions, please contact Dean Cantalupo, of my staff, at (202) 325-0085. Sincerely, George Frederick McCray, Esq. Chief, Intellectual Property Rights Branch