CLA-2-93:OT:RR:NC:N1:164
Cyrill Hamm
Messerschmiede Hamm
Hubstrasse 33
Bassersdorf 8303
Switzerland
RE: The tariff classification and marking of a hand-forged sword from Switzerland
Dear Mr. Hamm:
In your letter dated September 3, 2026, you requested a tariff classification and marking ruling. Product
information and pictures were submitted with your request.
The item under consideration is a hand-forged “Malchus” sword manufactured in Switzerland. The sword’s
blade consists of C60 steel and measures 675 millimeters (mm) in length. The sword has an overall length of
880 mm and weighs 930 grams without the scabbard. In addition to the single-edge blade, the sword features
a handle and will be imported with a scabbard. In your request, you emphasized that the sword is a
conventional fixed blade sword.
The applicable subheading for the hand-forged sword will be 9307.00.0000, Harmonized Tariff Schedule of
the United States (HTSUS), which provides for “Swords, cutlasses, bayonets, lances and similar arms and
parts thereof and scabbards and sheaths therefor.” The general rate of duty will be 2.7 percent ad valorem.
In addition to classification, you asked us to address country of origin marking. The marking statute, section
304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign
origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly
and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to
the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 C.F.R. 134.41(b)), the country of origin marking
is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it
without strain.
With regard to the permanency of a marking, 19 C.F.R. 134.41(a) provides that as a general rule marking
requirements are best met by marking worked into the article at the time of manufacture. For example, it is
suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section
134.44, Customs Regulations (19 C.F.R. 134.44), generally provides that any marking that is sufficiently
permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately
removed is acceptable.
The marking must be of a degree of permanence sufficient to insure that in any reasonably foreseeable
circumstances the marking will remain on the article until it reaches the ultimate purchaser unless it is
deliberately removed. The marking must survive normal distribution and store handling. Further, the ultimate
purchaser in the U.S. must be able to find the marking easily and read it without strain. With specific
reference to labels, 19 C.F.R. 134.44(b) provides that labels or paper stickers must be affixed in a
conspicuous place and so securely that unless deliberately removed they will remain on the article while it is
in storage or on display and until it is delivered to the ultimate purchaser.
You did not provide specific details, regarding either the precise manner in which the sword will be presented
for sale, or the size and proposed placement of any adhesive sticker displaying the country of origin. Marked
samples were not submitted. Stickers or labels on these articles must withstand normal handling during
shipping and distribution. Any marking method must meet the standard of permanence for stickers and labels
set forth at sections 19 C.F.R. 134.41(b) and 134.44(b). However, the placement of a sticker (or hang tag) on
the blade would be acceptable provided that, at the time of entry, if Customs is satisfied that the sticker (or
hang tag) is sufficiently affixed to remain on the blade until it reaches the ultimate purchaser.
Additionally, under 19 C.F.R. 134.32(d), if the sword is imported in a box which is properly marked to
indicate its country of origin, and Customs is satisfied that the sword will reach the ultimate purchaser in such
a box, then the sword may be excepted from individual marking, provided that the container marking is
sufficient to meet the general requirements for conspicuousness and legibility.
Finally, you asked us to provide guidance regarding admissibility. 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, such as 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 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:
19 C.F.R. 12.95 Definitions.
Terms as used in sections 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; 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:
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 19 C.F.R. 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 19 C.F.R. 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).
Based on the submitted information, the hand-forged “Malchus” sword at issue is not a “switchblade” within
the meaning of the Switchblade Knife Act (19 C.F.R. 12.95(a)). Instead, it is a fixed blade sword unrestricted
under the act pursuant to 19 C.F.R. 12.96(b). Consequently, the importation of this article, as you described
it, would not be contrary to law. However, as stated above, upon release by CBP, possession of this sword
may be in violation of State or municipal laws.
The duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenience
and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided
at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at
https://www.cbp.gov/trade/programs-administration/trade-remedies.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(C.F.R.), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 C.F.R. 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Paul Taylor at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division