Switchblade Knives; 15 U.S.C. §§ 1241-1245

HQ 115713 July 29, 2002 RES-2-23-RR:IT:EC 115713 GEV CATEGORY: Restricted Merchandise T. Randolph Ferguson, Esq. Sandler, Travis & Rosenberg and Glad & Ferguson, P.C. 1 Sutter Street 10th Floor San Francisco, CA 94104 RE: Switchblade Knives; 15 U.S.C. §§ 1241-1245 Dear Mr. Ferguson: This is in response to your letter dated June 14, 2002, on behalf of your client, Columbia River and Tool, requesting a ruling as to the admissibility of four models of knives. As you know, we also met with you at Customs Headquarters on June 20, 2002, to further discuss this matter. Our ruling is set forth below. FACTS: The four knives under consideration are marked as Exhibits A1, A2, B and C. All are folding knives with single-edge steel blades that are connected to the handle with an exterior screw. The blades are between 3-4” in length with one or more studs protruding from the base of each blade close to the handle. The blade of one of the knives is partially serrated (Exhibit A2). Each of these four knives can be opened solely through the use of one hand. Exhibits A1, A2 and B can be opened by the application of finger or thumb pressure against one of the aforementioned studs that protrudes from the side of the blade which activates a spring mechanism automatically propelling the blade into a fully open and locked position. Further with respect to Exhibit A2, the blade can be automatically opened and locked into position with a “flick of the wrist.” - 2 - Exhibit C is opened by depressing a bar-like release on the handle which, when pushed, releases the blade which is then partially opened by a spring mechanism. Subsequent manual movement of the blade by pushing its stud must occur in order for the blade to become fully opened and locked into position. With respect to closing the knives, the blades on Exhibits A1 and B can only be closed by pressing a release panel on the underside of the handle and then manually closing the blade. Exhibits A2 and C are closed by pushing a button on the side of the handle which disengages the blade from its closed position thereby necessitating manual closure. ISSUE: Whether the sample knives submitted for our review are prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245). LAW AND ANALYSIS: 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; - 3 - * * * * * * Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof. (Emphasis added) With respect to the sample knives in question, we note that each has a detachable blade that is propelled by a spring mechanism. As such, these knives are clearly switchblades as defined in § 12.95(a)(4). We further note that Exhibit A2, which can be opened by a “flick of the wrist”, also 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). In addition, Exhibit C meets the other criterion set forth in § 12.95(a)(1) (any knife with a blade that opens automatically by hand pressure applied to a button or device in the handle). None of the sample knives submitted for our review falls within the statutory exceptions listed in § 12.98, Customs Regulations (19 CFR § 12.98). Consequently, pursuant to § 12.97, Customs Regulations (19 CFR § 12.97), the importation of these knives would be contrary to law and subject to forfeiture under 19 U.S.C. § 1595a(c). HOLDING: The sample knives submitted for our review are switchblades and are therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245). Sincerely, Jeremy Baskin Acting Chief Entry Procedures and Carriers Branch