Restricted Merchandise; Switchblade Knives; 15 U.S.C. §§ 1241-1245; 19 C.F.R. §§ 12.95-12.103; Viking Wholesale, Inc., (dba Shadow Cutlery).

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H279222 September 13, 2016 RES-2-23 OT:RR:BSTC:CCR H279222 DAC CATEGORY: Restricted Merchandise Ms. Sylvia Blackmon Air Tiger Express (USA) Inc. 3401 Norman Berry Dr., Suite 275 Atlanta, GA 30344 RE: Restricted Merchandise; Switchblade Knives; 15 U.S.C. §§ 1241-1245; 19 C.F.R. §§ 12.95-12.103; Viking Wholesale, Inc., (dba Shadow Cutlery). Dear Ms. Blackmon: This is in response to your request for a ruling, dated April 27, 2016, which this office received from the National Commodity Specialist Division on September 8, 2016. You requested a determination on behalf of your client, Viking Wholesale, Inc. (doing business as Shadow Cutlery), as to whether the subject knife is admissible into the commerce of the United States pursuant to the Switchblade Knife Act. Our determination follows. FACTS Viking Wholesale, Inc. (“Viking”), which is doing business as Shadow Cutlery, requests a determination as to whether the subject knife, is admissible into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. § 1241-1245. The following facts are based on our examination of the sample knife Viking provided for examination, which was received at this office on September 8, 2016. The knife is folding knife composed of a two-piece, black and blue colored plastic and steel grip and a tapered single-edged blade which 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 4 and 1/2 inches long and 1 inch wide at its widest point. With the blade extended out in the fully opened position, the entire knife is approximately 8 inches long. The blade of the knife in the opened position is approximately 3 and 3/8 inches long. The following photographs of the sample knife were taken by this office.

Knife in closed position (side without belt clip). Knife in closed position (side with belt clip).
Knife in opened position (side without belt clip).
Knife in opened position (side with belt clip). 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)(1). 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 Customs and Border Protection (CBP) Regulations, set forth in 19 C.F.R. §§ 12.95-12.103. Pursuant to 15 U.S.C. § 1242, “[w]hoever 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.” Additionally, the CBP Regulations at 19 C.F.R § 12.97, provide that, “[i]mportations 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 defined as “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.” See 15 U.S.C. § 1244(5). The sample knife has a black metal stud that protrudes from one side of the knife which operates in a semicirclular track along the inside the grip. Applying pressure with one’s index finger toward one’s palm while holding the knife deploys the blade out of the grip into the fully opened position with ease and great speed. The blade is then locked open by a spring mechanism that prevents closure until the spring is moved and released. The subject sample knife does not operate in a manner that exhibits a spring detent system that operates while the knife is in the closed position or while the operator is opening the knife. There is a spring detent that operates only while the knife is being closed, which merely slows closure of the knife. Therefore, the subject sample knife provided by Viking does not fall within the scope of the exception to the Switchblade Knife Act found at 15 U.S.C. § 1244(5). Accordingly, the operation of the spring and detent system does not “…create a bias toward closure of the blade that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife;” rather, when the knife is closed, it creates a bias toward opening of the blade which causes the blade to spring out of the grip into the fully extended open position with great ease and speed. See 15 U.S.C. § 1244(5). Based our examination of the knife and all of the above, we find that the knife, as described in the FACTS section above, falls within the scope of the definition of a switchblade knife at 19 C.F.R. § 12.95(a)(1), and within the meaning of the Switchblade Knife Act at 15 U.S.C. §§ 1241 to 1245. The knife, as described above, is a switchblade knife within the meaning of the Switchblade Knife Act and is not admissible into the United States. HOLDING The knife, as described above, is a switchblade knife within the meaning of the Switchblade Knife Act, 15 U.S.C. §§ 1241 to 1245, as implemented by the Customs and Border Protection (CBP) Regulations, set forth in 19 C.F.R. §§ 12.95-12.103, and is not admissible into the United States. The subject sample knife provided will be retained by CBP and appropriately destroyed in due course. Sincerely, Lisa L. Burley Chief/ Supervisory Attorney-Advisor Cargo Security, Carriers and Restricted Merchandise Branch Office of Trade, Regulations and Rulings U.S. Customs and Border Protection