Admissibility of imported knife

HQ 732683 October 17, 1989 MAR-2-05 CO:R:C:V 732683 EAB CATEGORY: Restricted Merchandise Mr. Jace Sargent, Marketing Manager Sargent Company 1403 Chisolm Road Florence, AL 35630 Re: Admissibility of imported knife Dear Mr. Sargent: This is in reply to your letter of August 25, 1989, requesting a ruling on the admissibility into the U.S. of a small folding knife. Under separate cover, the sample knife that you submitted is being returned. Enclosed with this ruling letter is the $3.00 in cash that you sent with your request. FACTS: The sample knife that you submitted for examination has a metal blade of 2 inches in length enclosed in a metal handle 3 inches in length which opens automatically upon the twisting of a metal knob at the end of the handle out of which the blade unfolds. You indicate that your company plans to have a similar knife manufactured in Taiwan and marketed in the U.S. ISSUE: Whether a knife with a 2 inch blade that opens automatically is admissible into the U.S. LAW AND ANALYSIS: Pursuant to the Act of August 12, 1958, Pub. L. 85-623, 15 U.S.C. 1241 et seq., as amended, 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. As defined in 15 U.S.C. 1241(b)(1), the term "switchblade knife" means any knife having a blade which opens automatically by hand pressure applied to a button or other device in the handle of the knife. Sections 12.95 - 12.103, Customs Regulations (19 CFR {{12.95 - 12.103), copy enclosed, implement the provisions of 15 U.S.C. 1241 et seq. In particular, the importation of switchblade knives, except as provided in 15 U.S.C. 1244 is prohibited, and any non-excepted knife is subject to forfeiture. Section 1244(4) of Title 15, U.S. Code (15 U.S.C. 1244(4)), permits the possession, and transportation upon his person, of any switchblade knife with a blade of three inches or less in length by any individual who has only one arm. Section 12.98(c), Customs Regulations (19 CFR 12.98(c)), provides that the importation of a switchblade knife is permitted when a switchblade knife having a blade not exceeding 3 inches in length is in the possession of and is being transported on the person of an individual who has only one arm. Customs is of the opinion that the sample knife is a switchblade knife as defined in 15 U.S.C. 1241(b)(1) and 19 CFR 12.95(a)(1), in that the knife has a blade which opens automatically by hand pressure applied to a button or other device in the handle of the knife. Customs further finds that the intended general distribution of the switchblade knife to the ad specialty market is not within the strict limiting exception of 15 U.S.C. 1244(c), as implemented in 19 CFR 12.98(c), since such industry-wide distribution is not, at the time of importation, the possession and transportation upon his person, of any switchblade knife with a blade of 3 inches or less in length by an individual who has only one arm. HOLDING: A knife which contains a 2 inch blade that opens automatically by the application of hand pressure applied to a button or other device in the handle of the knife is a switchblade knife. It may be imported only in the possession of and transported on the person of an individual who has only one arm. Sincerely, Marvin M. Amernick, Chief Value, Special Programs and Admissibility Branch Enclosures cc: District Director Huntsville, AL