RES-2:OT:RR:NC:1:118

Mr. Artem Kalajyan
Olympia Tools International Inc.
18051 Arenth Ave.
City Of Industry, CA 91748

RE: The admissibility of a retractable knife.

Dear Mr. Kalajyan:

In your letter dated February 5, 2009 you inquired as to the admissibility of a retractable knife pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245. The sample is being returned as you requested.

You state that the submitted sample features a four inch handle and three inch utilitarian blade. The blade retracts into the handle when not in use via a manual slide mechanism. The slide mechanism has one locked position and three open positions that stop at various degrees of blade extraction.

We believe this retractable knife has a blade style designed for a primary utilitarian use as defined in 19 CFR 12.95(c) and it is not a switchblade within the meaning of 19 CFR 12.95(a)(1). Therefore, pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245 and 19 CFR 12.96(a), the subject knife is permitted unrestricted entry into the United States.    

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division