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NY A86519




August 21, 1996

CLA-2-82:R:N4:119 A86519

CATEGORY: ADMISSIBILITY

TARIFF NO.: 8211.93.0030

Mr. Michael A. Pipitone
John F. Kilroy Co., Inc.
JFK International Airport
Cargo Building 80, Suite 227
Jamaica, NY 11430-1718

RE: The tariff classification of a small push-button switchblade knife on a key chain from China

Dear Mr. Pipitone:

In your letter dated August 7, 1996 you requested a ruling on the classification and admissibility of a small folding knife. The request is being made on behalf of Compass Industries, Inc., New York, NY.

The sample you furnished is a small push-button switchblade knife on a key chain. The knife measures 1 1/2 inch in the closed position. The blade measures 1 1/16 of an inch and opens automatically by applying pressure to the button.

In Part 12 of the Customs Regulations (19 CFR Part 12) at Section 12.95, a Switchblade knife is defined in part as a knife with a blade which opens automatically by hand pressure to a button or device in the handle of the knife. The Customs Service has previously ruled that the length of the blade is not a consideration in determining whether a knife is subject to the Switchblade Knife Act or not. Therefore 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.

If you have any questions pertaining to this matter, please contact National Import Specialist Jacques Preston of this office at (212) 466- 5488.

Sincerely,

Roger J. Silvestri
Director

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