CLA-2:RR:NC:N1:118 L83864
Mr. John Coen
John F. Kilroy Company, Inc.
One Cross Island Plaza, Suite 203E
Rosedale, NY 11422-1400
RE: The tariff classification of a mini pocket knife from China.
Dear Mr. Coen:
In your letter dated March 18, 2005, you requested a ruling on behalf of Compass Industries, Inc., New York, NY, on the admissibility of a mini pocket knife. You have described the merchandise to be a mini pocket knife with a spring assisted, two inch long blade and belt clip. In its closed position, the knife measures approximately 3”. The blade is marked “STAINLESS 440” on one side and “CHINA” on the other. There is a button on the opposite side of the blade which serves to lock or unlock the button on the side of the handle. This button in the handle, when depressed, causes the blade to automatically open.
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 Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In this regard we note that a switchblade knife is defined, in pertinent part, as follows:
§ 12.95 Definitions.
(a) Switchblade knife. …any imported knife,…
including “switchblade”, “Balisong”, “butterfly”,
“gravity” or “ballistic” knives, which has 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;
(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
Knives with a detachable blade that is
propelled by a spring-operated mechanism,
and components thereof.
With respect to the mini pocket knife provided for our review, it is apparent that the blade springs open automatically by hand pressure applied to a button in the handle of the knife.
Based upon the above, we have determined that this type of knife, as represented by the information you have provided, is prohibited merchandise under the Swtichblade Knife Act (15 U.S.C. 1241-1244) and cannot be imported into the United States. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at 646-733-3021.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division