Request for Ruling Regarding the Admissibility of Knives

U.S. Department of Homeland Security Washington, DC 20229 U.S. Customs and Border Protection HQ H016666 December 12, 2007 ENF-4-02-OT:RR:BSTC:IPR H016666 AML CATEGORY: Restricted Merchandise Ms. Lara A. Austrins Mr. Thomas J. O’Donnell Rodriguez, O’Donnell Ross 8430 W. Bryn Mawr Ave., Suite 525 Chicago, Illinois 60631 RE: Request for Ruling Regarding the Admissibility of Knives Dear Ms. Austrins and Mr. O’Donnell: This is in reply to your letters dated July 17, and August 2, 2007, to the National Commodity Specialist Division, New York, in which you requested a ruling regarding the admissibility of certain knives described below. As you are aware, your ruling request was transferred to this branch for response. A sample was provided for our consideration. FACTS: You describe the knife at issue, marketed as the “Tailwind” (model number HD0071), as a single edged, release assisted, folding knife. The knife has a “false edge grind” on the topside of the 3 ½ inch blade and measures 4 ½ inches when closed. When extended, the overall length of the knife is 7 ¾ inches. The knife weighs 4.2 ounces. The Tailwind name is derived from the patented opening mechanism. The opening mechanism, subject of U.S. Patent number 7,051,441, is equipped “with an assist spring, which assists in the opening of the knife only after the knife has been manually opened to approximately thirty degrees.” The blade must be opened manually until the blade reaches approximately thirty degrees at which point the mechanism engages and the blade springs open to its extended and locked. The knife is refolded by depressing a manual release. Images of the Tailwind:



ISSUE: Whether the subject knives are prohibited from entry into the United States pursuant to the Switchblade Knife Act, 15 U.S.C. §§ 1241-1245 and the Customs and Border Protection (“CBP”) Regulations promulgated pursuant to the Switchblade Knife Act set forth in 19 CFR §§ 12.95-12.103. LAW AND ANALYSIS: Headquarters Ruling Letters (HQ) W116730, dated November 7, 2006 and 116315, dated March 1, 2005 (copies enclosed), address CBP’s position on the admissibility of knives with spring assisted mechanisms substantially similar to the ones under consideration. In HQ W116730, we determined that the “Outburst” knife “with a mechanism [that] only assists in the opening of the knife when the blade is opened to approximately 30-degrees” was admissible under the Switchblade Knife Act. Similarly, in HQ 116315, we determined that a “Release assisted knife, part number 22-07162” are permitted unrestricted entry into the United States pursuant to 19 CFR 12.96(a). Accordingly, we incorporate the LAW AND ANALYSIS section of the aforementioned rulings in this decision, as they are dispositive of the issue you have raised. HOLDING: The subject knife (the “Tailwind” (model number HD0071)) 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 knives are permitted unrestricted entry into the United States. Sincerely, George Frederick McCray, Chief Intellectual Property Rights Branch Enclosures