Request for Ruling Regarding the Admissibility of Knives

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H032255 August 12, 2008 ENF-4-02-OT:RR:BSTC:IPR H032255 AML CATEGORY: Restricted Merchandise Mr. Matthew K. Nakachi Sandler, Travis & Rosenberg, P.A. 1300 Pennsylvania Avenue Suite 400 Washington, DC 20004 RE: Request for Ruling Regarding the Admissibility of Knives Dear Mr. Nakachi: This is in reply to your letter dated July 1, 2008, in which you requested a ruling regarding the admissibility of a knife, set forth in images and described below, pursuant to the Switchblade Knife Act, 15 U.S.C. § 1241, et seq. A sample was provided for our consideration. FACTS: You describe the knife at issue, tentatively planned by your client to be called the “VanHoy Assist,” as a knife “of new design.” The prototype is of standard knife construction with a single-edged, utilitarian blade. You state that “the unique nature of the knife is that the assisted-opening mechanism operates by thumb or hand pressure downward on the blade/thumbscrew (rather than the traditional upward pressure).” You further indicate that “the downward pressure releases the locking mechanism and then a slight spring action assists the opening of the blade to the fully locked position.” The knife has a 3 inch blade and measures approximately 4 5/8 inches when closed. When extended, the overall length of the knife is approximately 7 5/8 inches. The knife is refolded by depressing a manual release. You contend that there are prior rulings which determined that knives with similar spring-assisted opening mechanisms are admissible pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245 and the implementing Customs and Border Protection (“CBP”) Regulations set forth at 19 CFR §§ 12.95-12.103. You cite New York Ruling Letter (“NY”) I86378, dated October 1, 2002, in which CBP determined that a knife that was opened by pressing a thumb knob on the surface of the blade was admissible under the Switchblade Knife Act. Similarly, you cite Headquarters Ruling Letter (“HQ”) 116315, dated March 1, 2005, which modified HQ 116229, dated July 8, 2004, and held that release assisted knives were admissible pursuant to the Switchblade Knife Act. You contend that the VanHoy Assist is similar to the knife in HQ 116229 in that the assisted-opening mechanism holds the blade within the knife body and does not have a button in the handle to “trigger the blade to open.” Thus you contend that the knife should not be considered to be a switchblade knife under the relevant statute and regulations. Images of the VanHoy Assist:
Side view
Top view
Side view, blade extended
Top view, blade extended ISSUE: Whether the subject knives are prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245 and CBP Regulations promulgated pursuant thereto set forth in 19 CFR §§ 12.95-12.103. LAW AND ANALYSIS: 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 definitions: § 12.95 Definitions. Terms as used in §§12.96 through 12.103 of this part are defined as follows: (a) Switchblade knife. …any imported knife,…including “Balisong”, “butterfly” … knives, which ha[ve] one or more of the following characteristics or identities: 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; 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 Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof. . . . Utilitarian use. “Utilitarian use” includes but is not necessarily limited to use: For a customary household purpose; For usual personal convenience, including grooming; In the practice of a profession, trade, or commercial or employment activity; In the performance of a craft or hobby; In the course of such outdoor pursuits as hunting and fishing; and In scouting activities. Other pertinent regulations are as follows: § 12.96 Imports unrestricted under the Act. 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). . . . § 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). Headquarters Ruling Letters (HQ) W116730, dated November 7, 2006 and HQ 116315, dated March 1, 2005, address CBP’s position on the admissibility of knives with spring-assisted mechanisms substantially similar to those under consideration. In HQ W116730, we determined that the “Outburst” knife “with a mechanism [that] only assists in the opening of the knife when the blade is opened to approximately 30-degrees” was admissible under the Switchblade Knife Act. Similarly, in HQ 116315, we determined that a “Release assisted knife, part number 22-07162” is permitted unrestricted entry into the United States pursuant to 19 CFR Part 12.96(a). We examined the sample knife considered in HQ 116315 and compared it to the VanHoy Assist. Although the VanHoy Assist has a button on the blade (rather than “thumb studs” on the knife in HQ 116315) which must be depressed in order to unlock and open the knife, the spring assist mechanisms are the same. In turning to the VanHoy Assist, application of the regulatory criteria set forth above reveals that the subject knives are not switchblades within the meaning of 19 CFR Part 12.95(a)(1) because they do not meet the criteria enumerated therein, i.e., they neither open automatically by hand pressure applied to a button or device in the handle, nor do they open automatically by operation of inertia, gravity, or both. We find additionally that the subject knives have a blade style designed for a primary utilitarian use within the meaning of 19 CFR Part 12.95(c). Accordingly, we conclude that the requirements of 19 CFR 12.96(a) are satisfied, i.e., the subject knives have a blade style designed for a primary utilitarian use as defined in 19 CFR Part 12.95(c) and the knives are not switchblades within the meaning of 19 CFR Part 12.95(a)(1). Therefore, pursuant to 19 CFR 12.96(a), the subject knives are permitted unrestricted entry into the United States. HOLDING: The subject knife (the “VanHoy Assist”) has a blade style designed for a primary utilitarian use as defined in 19 CFR 12.95(c) and it is not a switchblade within the meaning of 19 CFR 12.95(a)(1). Therefore, pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245 and 19 CFR 12.96(a), the subject knives are permitted unrestricted entry into the United States. Sincerely, George Frederick McCray, Chief Intellectual Property Rights Branch