ENF-4-02-OT:RR:BSTC:IPR H019251 WRB
Mr. Monte Combs
Szco Supplies, Inc.
P.O. Box 6353
2713 Merchant DR.
Baltimore, MD 21230
RE: Knives; Switchblade Knives; Balisong Knives; Butterfly Knives; 15 U.S.C. §§ 1241-1245
Dear Mr. Combs:
This is in reply to your letter of October 29, 2007 in which you request a ruling as to the admissibility of Folding Trench Knives (Model 210641). Included with your letter was a sample knife and documentation from Port Case No. 2007-1303-000173-01. This documentation reflects a seizure of the aforementioned knives at the Port of Baltimore dated September 28, 2007.
FACTS:
The knives at issue are referred to as "Folding Trench Knives," model 210641. The sample submitted is a folding knife with a five-inch blade and split handle. In the closed position the two halves of the handle encase the blade. To open the knife, the two halves are folded back until they meet and are then secured by a clasp. One of the two halves has a metal bow which appears to serve as a finger guard.
In HQ 710012 dated September 28, 1982, Customs (now Customs and Border Protection ("CBP")) stated:
The "Balisong" knife is a folding knife with a split handle. In the closed position the two halves of the handle encase the blade. To open the knife, the two halves are folded back until they meet and are then secured by a clasp.
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 CBP Regulations at 19 CFR §§ 12.95 - 12.103. The CBP Regulations restate the provisions of 15 U.S.C. § 1241 verbatim. As we have stated many times, most recently in Headquarters Ruling Letter (HQ) 116315, dated March 1, 2005:
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 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.
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). 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.
§ 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).
The sample knife is opened (by one hand) by pushing back the latch or safety catch and letting the knife open by gravity, inertia, or both. We further note that the submitted sample, which can be opened by a "flick of the wrist", meets one of the alternative criteria of a switchblade knife as provided in § 12.95(a)(1) (a blade which opens automatically by operation of inertia, gravity or both). We find that these knives are switchblades knives within the meaning of 19 CFR 12.95(a)(1). The fact that these knives require the pushing back of the latch or safety catch before the knife opens by gravity and/or inertia does not, in our view, takes these knives outside of the scope of 19 CFR 12.95(a)(1).
Our determination is consistent with Taylor v. United States, 848 F.2d 715 (6th Cir. 1988), rev'g Taylor v. McManus, et al, 661 F.Supp. 11 (1986), where the court upheld Customs' determination that Balisong or butterfly knives were switchblade knives within the meaning of the Switchblade Knife Act and regulations issued thereunder.
HOLDING:
The subject knives are switchblade knives and are therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245).
The sample will be retained by this office and destroyed after 30 days. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. §177). If you should have any further questions, please contact W. Richmond Beevers, of my staff, at (202) 572-8723.
Sincerely,
George Frederick McCray, Esq.
Chief, Intellectual Property Rights and Restricted Merchandise Branch
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