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May 5, 1999

CLA-2-82:RR:NC:115 E80274

CATEGORY: PROHIBITED MERCHANDISE

TARIFF NO.: Non-Applicable

Mr. Mauricio E. Hodgson
Auditrade Inc.
5448 Hoffner Avenue Suite 403
Orlando, Florida 32812

RE: The tariff classification of a knife from Taiwan.

Dear Mr. Hodgson:

In your letter dated April 8, 1999 you requested a tariff classification ruling in behalf of your client Reco Imports.

The sample submitted is a knife (style 1B) with a 5" blade inside a metal handle that opens on both ends simultaneously when the latch on the top is released

The sample is a “Balisong” type of knife and is prohibited under the Switchblade Act and subject to seizure. See 19 CFR 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;

The sample will be retained by this office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19C.F.R177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Melvyn Birnbaum at 212-6317.

Sincerely,

Robert B. Swierupski

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