The admissibility of an automatic knife from Taiwan

NY G83213 October 13, 2000 CLA-2-82:RR:NC:N1:113 G83213 CATEGORY: Prohibited Merchandise TARIFF NO.: Not applicable Mr. Stewart Taylor Taylor Cutlery 1736 N. Eastman Road P.O. Box 1638 Kingsport, TN 37662 RE: The admissibility of an automatic knife from Taiwan Dear Mr. Taylor: In your letter, received in this office on October 5, 2000, you requested a ruling on the admissibility of a knife. The sample you provided is item #94053 Vallotton Discovery Plain Edge Knife. This is a folding knife with a spring-loaded blade. The blade may be easily opened by light pressure on a thumb knob located at the base of the blade, or by a flick of the wrist. The sample is an inertia-operated knife and is prohibited under the Switchblade Act and subject to seizure. See 19 C.F.R. §12.95 (a)(1). The definition as stated in the Customs Regulations reads as follows: (a) Switchblade knife. “Switchblade knife” means any imported knife, or components thereof, or any class of imported knife, including “switchblade, “Balisong”, “butterfly”, “gravity” or “ballistic” knives, which has 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; This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177). The sample will be retained by this office and destroyed within thirty days. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 212-637-7008. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division