OT:RR:BSTC:IPR H114235 JER
Ms. Stephanie Anderson
Gerber Legendary Blades
14200 SW 72nd Avenue
Portland, OR 97224
RE: Request for Ruling Regarding the Admissibility of Knives
Dear Ms. Anderson:
This is in reply to your letter dated April 28, 2010, addressed to the National Commodity Specialist Division, New York, in which you requested a ruling regarding the admissibility of an “Safety Auto Hook” knife, described below, pursuant to the Switchblade Knife Act, 15 U.S.C. § 1241, et seq. Your request was forwarded to this office for reply. In reaching our decision herein, we have considered supplemental information submitted by your office on June 14, 2010. A sample was provided for our consideration.
FACTS:
The subject knife is marketed as the “Safety Auto Hook” knife (SAH). The SAH knife consists of two blades: a 3 inch folding blade made up of carbon stainless steel and a ¾ inch strap cutter hook with a flat top end and a concave sharpened cutting blade which measures approximately half an inch. The three inch folding blade must be opened manually however the strap cutter hook is deployed automatically. The strap cutter hook releases by pushing the lock button towards the center of the knife handle leaving a gap between the release button and the lock button. When the release button is depressed the strap cutter hook snaps out. The automatic deployment of the strap hook cutter is facilitated by a spring mechanism referred to as the “Spring.KNF456.Safety Hook.”
ISSUE:
Whether the subject knife is prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245, as amended on October 28, 2009, 15 U.S.C. § 1244, and CBP Regulations promulgated pursuant thereto set forth in 19 C.F.R. §§ 12.95-12.103.
Sample A: Safety Auto Hook knife
Sample A: Strap Cutter Hook deployed
Sample A: Safety Auto Hook knife fully extended
LAW AND ANALYSIS:
The admissibility of knives into the United States is determined according to the “Switchblade Knife Act”, 15 U.S.C. §§ 1241-1245, as amended on October 28, 2009, 15 U.S.C. § 1244; 19 C.F.R. §12.97.
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 relevant statutory sections are provided below:
15 U.S.C. §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 U.S.C. §1241
15 U.S.C. §1244. Exceptions
Sections 2 and 3 of this Act [[15 U.S.C. §§ 1242 and 1243]] of this title shall not apply to--
(1) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty; or
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(5) 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.
15 U.S.C. § 1244. (amended October 28, 2009)
The Customs and Border Protection (“CBP”) Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 C.F.R. §§ 12.95-12.103. In this regard we note the following regulatory sections:
19 C.F.R. § 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[.]
19 C.F.R. § 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 C.F.R. § 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).
(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.
The plain language of the statute and relevant CBP regulations prohibit the importation of knives which are for use solely as weapons while explicitly permitting the importation of “common and special purpose” knives (see 15 U.S.C. §§ 12.95(c)(“Utilitarian Use” and 12.96(a) (“unrestricted imports”)) provided such are not switchblades as defined in §12.95(a)(1). Several courts have addressed the breadth of the prohibition set forth in the statute (see, e.g., Precise Imports Corp. v. Kelly, 378 F.2d 1014, 1017 (2d Cir. 1967), (“We hold, therefore, that a knife may be found to be a switchblade knife within the meaning of the Switchblade Knife Act if it is found that it can be made to open automatically by hand pressure, inertia, or gravity after insignificant alterations, and that one of its primary purposes is for use as a weapon.”) (Taylor v. United States, 848 F.2d 715, 717 (6th Cir. 1988) (“describing a Balisong: "while the exotic knife has some utilitarian use, it is most often associated with the martial arts and with combat . . . [and is] potentially dangerous, lethal . . .." Citing another district court decision involving the same issue, Precise Imports Corp. v. Kelly, 378 F.2d 1014 (2d Cir.), cert. denied, 389 U.S. 973, 19 L. Ed. 2d 465, 88 S. Ct. 472 (1967) (upholding a seizure of certain knives with no legitimate purpose), the district court described it as of "minimal value" and distinguished another "seminal case interpreting the Act", United States v. 1,044 Balisong Knives, No. 70-110 (D. Ore. Sept. 28, 1970) (refusing to support seizure). The district court concluded that "congress intended to prohibit knives that opened automatically, ready for instant use . . . [and] was not concerned with whether the knife's blade would merely be exposed by gravity", . . . [it] intended 'open' to mean 'ready for use.'" Taylor v. United States, 848 F.2d 715, 717 (6th Cir. 1988). See Headquarters Ruling Letter (HQ) H030606, dated April 12, 2008.
In HQ H017909, dated December 26, 2007 (revoking HQ W479898 dated, June 29, 2007), CBP held that a “Squeeze Knife”™ did not meet the definition of a switchblade for purposes of 19 C.F.R. Part 12.95(a)(1). The Squeeze Knife”™ in those rulings was a drywall or single utility knife and was approximately 6 ½ inches in length. The “blade” of the article was a standard utility/dry wall/“razor knife” blade, and was approximately 1 inch long when fully extended. The “blade” sprung into the open and locked position when pressure was applied to an elongated activator that comprises part of the handle. CBP held that because the article functioned as a utility knife, only had a one-inch blade and because the article was not a prototypical switchblade or stiletto; that the “Squeeze Knife”™ was not prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245. Instead, CBP held that it was a spring activated utility knife which was designed for single-handed use by tradesmen.
According to the information provided and its physical attributes, the “strap cutter hook” has as its primary purpose to cut straps, cords or belts. Much like the “Squeeze Knife”™ of HQ H017909, the blade of the strap cutter hook measures less than one-inch when deployed and fully extended. Similar to the utility/dry wall blade of HQ H017909, the subject strap cutter hook component is not a prototypical stiletto designed for use as a weapon or for purposes beyond its intended utilitarian usage. Particularly, the blade of the strap cutter hook is concaved and has a half-inch cutting part which presumably is used to hook and cut a targeted strap or cord. The top of the strap cutter hook is flat and unsharpened and cannot be used to pierce or penetrate.
While this component of the subject knife does operate automatically by activation of a spring-assisted mechanism, its primary function comes within the purview of utilitarian use for purposes of § 12.97 (c). For instance, Section 12.97(c) states that “utilitarian use” includes use: “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 or fishing; and in scouting activities.” Further, Section 12.96 holds that “common and special purpose knives” include: “…scout knives, and other knives equipped with one or more blades of such single edge
nonweapon styles as clips, skinner, prunner...and cuticle” It is our position that the hook knife component possess the attributes and essential character of those examples enumerated in §§ 12.97(c) and 12.96. Likewise, use as a weapon is not a primary purpose of the strap cutter and as such does not infringe upon the Switchblade Knife Act. See Taylor v. United States, 848 F.2d (cited above).
We conclude that while all knives can potentially be used as weapons, given that 19 C.F.R. 12.95(c) lists six enumerated utilitarian uses (set forth above), only those knives that are specifically designed as (or insignificant preliminary preparation can be made into) switchblade knives or weapons are proscribed under the relevant statute and regulations. Further, the component at issue, the strap cutter hook, does not fit comfortably into the definition of a blade. A blade is defined as: the flat-edged cutting part of a sharpened tool or weapon.” Webster’s II New Riverside University Dictionary, 179 (1984). Instead, the cutting part of the strap cutter is concave and is buffered by the flat-edged top which is flat and unsharpened.
Accordingly, application of the regulatory criteria and the statutory definitions set forth above reveals that the SAH knife is not a “switchblade” within the meaning of 19 C.F.R. Part 12.95(a)(1) as the SAH knife does not meet the criteria enumerated therein, i.e., the primary (three inch) blade does not open automatically by operation of inertia, gravity, or both. Likewise, the strap cutter component does not comport to the definition of a “blade” within the meaning of §§ 12.96 through 12.103. Consequently, pursuant to Part 12.97, Customs Regulations (19 C.F.R. Part 12.97), the importation of these knives would not be contrary to law and such imports would not be subject to seizure and forfeiture under 19 U.S.C. § 1595a(c). This determination comports with that made in HQ H017909, with the reasoning in Taylor, 848 F.2d, and with the Section 12.96 which provides for imports which are unrestricted under the Act.
HOLDING:
We determine that the subject knife is not a “switchblade” within the meaning the Switchblade Knife Act as amend on October 28, 2009. 15 U.S.C. §§ 1241-1245; 19 C.F.R. § 12.95(a)(1)–§12.97. Accordingly, the subject merchandise is permitted entry and may be imported into the United States.
Sincerely,
Charles R. Steuart, Chief
Intellectual Property Rights and
Restricted Merchandise Branch