United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 810315 - NY 810483 > NY 810334

Previous Ruling Next Ruling
NY 810334




May 16, 1995

CLA-2-82:S:N:N3:119 810334

CATEGORY: ADMISSIBILITY

TARIFF NO.: 8211.93.0030

Ms. Tracy Budge
ClearFreight Inc.
8647 Aviation Blvd.
Inglewood, CA 90301

RE: Admissibility of a stiletto style lock blade knife from Taiwan

Dear Ms. Budge:

In your letter dated April 28, 1995, you requested a ruling on the tariff classification and admissibility of a stiletto style lock blade knife on behalf of Howard Chatt DBA Sport Blades, Gardena, CA. A sample was submitted with your request.

With the exception of a spring, the sample has all the characteristics of a switchblade knife, including a sharp pointed stiletto type blade with one ground edge, hand guard, an operable push button, a locking device to lock the blade in the open position, a sliding safety device in the handle to lock the push button and prevent accidental opening of the blade. The knife measures 4 7/8 inches in the closed position and has a 3 3/4 inch long blade. Without the spring, the blade has to be pulled out of the handle manually while depressing the push button.

Part 12 of the Customs Regulations (19 CFR Part 12) at Section 12.95 reads in part 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;
(2) Knives which, by insignificant preliminary preparation, as described in paragraph (b) of this section, can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity or both; (3) Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both;

Based on the above, we have determined that this type of knife, as represented by the sample you submitted, is prohibited merchandise under the Switchblade Knife Act (15 U.S.C. 1241-1244) and cannot be imported into the United States.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: