The admissibility of folding knives from China

NY H81084 May 23, 2001 CLA-2-82:RR:NC:N1:113 H81084 CATEGORY: Prohibited Merchandise TARIFF NO.: Not applicable Ms. Helen Olson 2600A South Kelly Avenue Edmond, OK 73103 RE: The admissibility of folding knives from China Dear Ms. Olson: In your letter of May 11, 2001, you requested a ruling on the admissibility of a number of folding knives. 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. Several of the samples are inertia-operated knives and are prohibited under the Switchblade Act and subject to seizure. See 19 C.F.R. §12.95 (a)(1). The definition of a switchblade knife 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: 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. 1. Each of the following knives may be opened with a simple flick of the wrist, and therefore are prohibited as inertial operated knives. A. The following samples are marked with the brand name “Leader.” All of these knives are mariner or sporting type. All have partially serrated blades. Each is a folding knife with a thumb-stud assist in the blade for ease of opening and a linerlock. Sample 1 is item 20269. It is an 8-inch knife with a 3 ½-inch, tanto-style blade. Sample 2 is item 991. It is an 8 ½-inch knife with a 3 ¾-inch blade. Sample 3 is item 20265. It is a 7 ¾-inch knife with a 3 ¼-inch blade. Sample 4 is item 20264. It is 8 ½-inch knife with a 3 5/8-inch blade. Sample 5 is item 20642. It is a 6 ¾-inch knife with a 2 ¾-inch blade. Sample 6 is item 202661. It is a 6-inch knife with a 2 ¾-inch blade. This knife has a thumb-slot, rather than a thumb-stub. B. The following samples have no identifying marks. All have partially serrated blades, except where noted. Sample 7 is item # 201. It is a 7 ¼-inch knife with a 3-inch blade. It has a lock release in the handle. Sample 8 is item # 202. It is a 7 ½-inch knife with a 3-inch plain blade. Sample 9 is item # 203. It is an 8 ¼-inch knife with a 3 ½-inch, tanto-style blade. Sample 10 is item # 204. It is an 8-inch knife with a 3 ¼-inch plain blade. Sample 11 is item # 205. It is a 7 7/8-inch knife with a 3 ½-inch clip blade. Sample 12 is item # 206. It is an 8 ¼-inch knife with a 3 ½-inch blade. C. The following two samples are pocketknives. Both have handles decorated with printed circuit board material. Both have partially serrated blades and linerlocks. Sample 13 is item # 101. It is a 6-inch knife with a 2 ½-inch tanto-style blade. It has a thumb-slot for ease in one-handed opening. Sample 14 is item # 102. It is a 6-inch knife with a 2 ½-inch blade. It has a thumb-stub. D. The next sample, sample 15, is item # KA01, a 7 ½-inch knife with a 3 ¾-inch plain, clip blade. E. The following two knives open with the assistance of a spring in the handle. Sample 16 is item # 20261. It is a 7-inch knife with a 3 ¼-inch, partially serrated, clip blade. Sample 17 is item # 20268. It is a 7 ½-inch knife with a 3-inch clip blade. F. Sample 18 is item 20271. It is a 7 ½-inch knife with a 3-inch, partially serrated, clip blade. This is the only lock-back knife in the inquiry. 2. The following knives do not operate automatically by hand pressure applied to a button or device in the handle of the knife, or by operation of inertia, gravity, or both. They are not prohibited under the Switchblade Act. Each has a partially serrated blade, except where noted. Sample 19 is item KA03A. It is a 6-inch knife with a 2 ½-inch blade. The sample may be defective, since the blade on the knife does not lock in an open position. Sample 20 is item 20589. It is a 6 ½-inch knife with a 3-inch clip blade. It has a thumb-slot. Sample 21 is item KA01A. It is a 6 ½-inch knife with a 3-inch plain, clip blade. Sample 22 is item 20266. It is a 5 ½-inch knife with a 2 ½-inch blade. Sample 23 is item 248. It is a 4 ¾-inch knife with a 2-inch blade. Sample 24 is item 42. It is a 7 ½-inch knife with a 3-inch clip blade. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177). The inadmissible samples 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