Request for Ruling Regarding the Admissibility of Knives

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H050732 March 9, 2009 ENF-4-02-OT:RR:BSTC:IPR H050732 AML CATEGORY: Restricted Merchandise Ms. Samantha Baumann Continental Agency, Inc. 535 Brea Canyon Rd. Walnut, CA 91789 RE: Request for Ruling Regarding the Admissibility of Knives Dear Ms. Baumann: This is in reply to your letter dated January 15, 2009, addressed to the National Commodity Specialist Division, New York, in which you requested a ruling regarding the admissibility of “a stainless steel manually operated knife,” described and set forth in images below, pursuant to the Switchblade Knife Act, 15 U.S.C. § 1241, et seq. Your request was forwarded to this office for reply. A sample was provided for our consideration. FACTS: The knife at issue is a stainless steel knife with a plastic covered, aluminum handle. The blade bears the inscription “Duck USA” next to a stamped duck on one side and the inscription “DK0010 440 Stainless P.R.C.” on the other. The blade of the knife bears both “studs” (protrusions positioned symmetrically at the base of the unsharpened edge of the blade) and knurled protrusions which are forged from/into the base of the blade at the point which it is affixed to the handle. The handle has an aperture through which on of the knurled protrusions extends. When finger or thumb pressure is applied to either the studs or knurled finger press, a “spring-assist” mechanism opens the blades to the fully opened, locked position. See Headquarters Ruling Letter (“HQ”) 115725, dated July 22, 2002, in which we stated that “[t]he non-serrated blade is spring-assisted. It is opened fully by the action of the spring after the user has pushed the thumb-knob protruding from the base of the blade near the handle to approximately 45 degrees from the handle.” The spring-assist mechanism in the knife at issue functions from the point at which the blade is exposed from the handle until approximately 45 degrees, at which point inertia forces the knife to the fully opened, locked position. The Duck knife has a blade that is approximately 3¼ inches long and the knife measures approximately 4½ inches when closed. With the blade extended, the overall length of the knife is approximately 7½ inches. The knife is refolded by depressing the button in the handle. Images of the knife at issue:
Side view
Reverse side
Blade extended
Blade extended, reverse
Blade extended, reverse 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: (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[.] Other pertinent regulations are as follows: § 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). . . . § 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). In turning to the knives at issue, application of the regulatory criteria set forth above reveals that the knife at issue is a “switchblade” within the meaning of 19 CFR Part 12.95(a)(1) because they meet the criteria enumerated therein, i.e., they open automatically by operation of inertia, gravity, or both. While CBP is cognizant that rulings exist which have determined that importation of knives with spring-assist opening mechanisms is permissible, the model at issue is distinguishable in that it can be opened to the fully locked position with one hand by application of minimal pressure to either of the protrusions (studs or knurled) on the base of the blades. Indeed, careful examination of the knife reveals that it is easier to spring the blade open to its fully opened and locked position than it is to partially open it. Consequently, pursuant to Part 12.97, Customs Regulations (19 CFR Part 12.97), the importation of these knives would be contrary to law and such imports would be subject to seizure and forfeiture under 19 U.S.C. § 1595a(c). This determination comports with that made in Headquarters Rulings Letter (“HQ”) 115713, dated July 29, 2002, in which CBP determined that knives which “can be opened by the application of finger or thumb pressure against one of the aforementioned studs that protrudes from the side of the blade which activates a spring mechanism automatically propelling the blade into a fully open and locked position” are prohibited by the Switchblade Knife Act. See also HQ 115725, referenced above. HOLDING: The subject knives are “switchblades” within the meaning of 19 CFR Part 12.95(a)(1) and are therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245). Sincerely, George Frederick McCray, Chief Intellectual Property Rights and Restricted Merchandise Branch