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HQ 115112

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October 18, 2000

RES-2-23:RR:IT:EC 115112 GEV

CATEGORY: RESTRICTED MERCHANDISE

Janet Andrews
Worldwide Curios & Relics
2629 Kingsland
Poplar Bluff, MO 63901

RE: Switchblade Knives; 15 U.S.C. §§ 1241-1245

Dear Ms. Andrews:

This is in response to your letters dated July 19 and 31, 2000, requesting a ruling regarding the importation of switchblade knives and/or parts that are of foreign origin which may be converted to switchblade knives. Included with your letters were twelve samples of the knives in question, taken from your private curios and relics collection, with supporting documentation (i.e., catalogues, advertising literature, etc.). Our ruling on this matter is set forth below.

In addition, you requested a copy of Headquarters memorandum 114990, dated March 24, 2000. We have determined that this document is releasable pursuant to the Freedom of Information Act (F.O.I.A., 5 U.S.C. § 552). A copy of this document is therefore enclosed.

FACTS:

While participating in and attending various arts and crafts and sporting goods shows in recent years, you have noticed a number of vendors displaying and selling knives, particularly switchblade knives. You have considered adding some of these items to the line of merchandise you offer for sale. You state that most non-vendors with whom you have spoken feel switchblade knives of any type, foreign or domestic, are illegal. However, when speaking with the vendors of these articles you have been told, without fail, that these knives can be imported and sold provided they do not have springs inserted at the time of importation.

After speaking with Mr. James Smyth, National Import Specialist, U.S. Customs Service, New York, NY., on or about June 19, 2000, concerning the importation of switchblade knives and/or parts that are of foreign origin which may be converted to switchblade knives, you were advised to contact this office in order to obtain a ruling addressing your concerns. Specifically, you wish to be able to import the aforementioned types of knives and parts similar to the samples forwarded with your letters, have them converted to switchblade knives, and be able to advertise them for sale throughout the United States via the Internet, various publications, arts and craft shows, flea markets, and at sporting good trade shows without fear of violating the applicable laws administered by the U.S. Customs Service.

The sample knives and parts for which our review is sought are labeled Items A-L and are described below.

Item A - M-14 Sniper. This knife has a 3 ¼” single-edge blade that is spring-loaded (i.e., there is release button on the handle to open it automatically), with red rubber inserts in a black handle. A pocket clip is attached to the handle. This knife is packaged in a white box containing instructions, tools and a spring needed to convert it to a switchblade. This particular sample is already converted. This knife is made in either Taiwan or China and is a “double-action” knife which means that it can be opened manually or automatically. To open this knife as a switchblade, with one hand, you must apply pressure on the lower one-half of the red rubber insert (release button) located closest to the blade. To close it, you must depress the part top of the blade in the “backbone” area of the knife protruding from the indentation in the handle while closing the blade with your other hand. This knife sells for approximately $20.00 and is seen at trade shows and flea markets throughout the United States.

Item B - Copy of an American knife (Paragon Cutlery Company) – This sample knife has a 3 ¾ “ single-edge, spring-loaded blade with a black handle. A pocket clip is attached to the handle. The letters “ABC” appear on the safety button. This knife is made in China and sells for approximately $8.00 at trade shows and flea markets. To open it, with one hand you must apply pressure on the silver release button on the handle. To close it, you must depress the same button while closing the blade with your other hand.

Item C - Copy of a 20 Cm Italian Stiletto with a 3 ¼” single-edge, spring-loaded blade and white plastic handle. This knife is made in China and sells for $5.00. It is seen at just about any sporting goods show as well as in prominent magazine ads and on the Internet for sale within the United States. It opens with one hand when you apply pressure to the silver button protruding on the side of the handle. To close it, you must depress the same button while closing the blade with your other hand.

Item D - Copy of an American-made knife – Large black front opener. This knife has a 5” double-edge, spring-loaded blade with a black plastic handle and is made in Taiwan or China. It is a front opening knife (the blade does not open from the side as do the blades in Items A, B and C, above) which sells for $25.00. The blade is released and emerges from the front of the knife by depressing the silver button on the side of the handle. To re-cock the blade, you must again depress the same silver button and pull down the small protrusion at the base of the blade on the bottom of the handle until it “catches.” A smaller silver button is the safety lock and there is a metal pocket clip on the handle. It is one of the more powerful and most dangerous of the spring action knives available at a small price.

Item E – Sicilian Toothpick. This knife is made in Taiwan or China. This is a front opening device with the appearance of an ink pen. The 3 ½” ice pick-like, spring-loaded blade is released from the front by depressing the silver button near the top of the cylindrical handle. The button can be concealed by sliding the metal pocket clip over it. It has a clear, removable plastic top which gives the appearance of the top of an ink pen. To re-cock the blade you must again depress the silver button and push the tip of the blade up against a hard surface while the button is being depressed until it catches.

Item F – “Black Hand” with the numerals 666 on the handle. This is a front opening knife made in Taiwan or China that comes in a black pouch. The 3 1/8” spring-loaded, double-edge, serrated blade is released by sliding a latch on the side of the knife’s handle. To re-cock the blade you slide the aforementioned latch in the opposite direction. This knife is seen throughout sporting goods shows and flea markets as well as the Internet.

Item G – Copy of the American-made “Arkansas Razorback” – This knife has horizontal grooves in the sides of its black handle with a 3 ¾ ” single-edge, spring-loaded, serrated, bead- blasted blade. This knife is believed to be made in China or Taiwan and sells for approximately $18.00. It is sold at numerous flea markets and sporting good shows. To open it, with one hand you must apply pressure on the silver release button at the top of the handle while using the other hand to pull the blade out by the notch on its top. To close it, you must depress the same button while closing the blade with your other hand.

Item H – This knife has the words “Speed Lock” on the 3” single- edge, spring-loaded, serrated blade. It has a silver handle with black inserts that comes in a small silver box labeled “Tree Brand”. To open it, with one hand you must apply pressure on the silver release button at the top of the handle. To close it, you must depress the same button while closing the blade with your other hand. This knife was manufactured by Boker Knives of Solingen, Germany. It is made in Germany and/or Argentina. This knife, originally designed as a switchblade, led to the design of Item I, the Boker “Top Lock” unconverted knife.

Item I – A Boker knife in an unconverted condition, with the name “Top Lock” on the 3” single-edge blade and having a silver handle with wood-colored inserts. This knife is made in Germany and/or Argentina. This knife’s design was originally that of a switchblade. However, with some alterations before importation into the United States, which may have included filling in the area originally designed for the coil spring, and changing the name to “Top Lock” which is stamped on the blade, this knife is one of the more popular knives to import. It may be easily converted by milling this area out and applying the spring. In its unconverted condition it opens manually (i.e., by depressing a release button near the end of the handle and pulling out the blade by the thumb pull), not automatically by hand pressure applied to the button in the handle, nor by operation of inertia or gravity. This particular model is the best example of the type of knife you would be most interested in importing in large quantities into the United States.

Item J – A converted Boker switchblade knife (the same model as Item I, above) with the name “Top Lock” on the blade and having a silver handle with wooden inserts. This knife is made in Germany and/or Argentina. This originally designed switchblade knife was imported into the United States as a Boker “Top Lock” manual opening knife with no apparent problems clearing U.S. Customs. Shortly thereafter these knives are delivered and professionally advertised and sold to various dealers. It has been reported that most of these knives are then sent by these dealers to various sources to be converted into fully operational switchblade knives according to demand or the dealer may refer customers to sources that can have this quickly and readily done for a small fee. However, with the value dramatically increasing after a spring has been inserted, there is much interest to have this done before it is retailed depending on the dealer’s state laws many of which allow this to happen. The switchblade is then easily sold at sporting good shows, trade shows and flea markets throughout the United States. Boker knives are a favorite of collectors. You state that many thousands have entered the United States without problems thus far. There is still a huge demand for these types of knives that can be converted that are of foreign origin. You reference the copies of ads from the Internet where anyone can have their new Boker Top Lock or practically any similar knife converted to a fully operational switchblade knife with the insertion of springs or coil springs.

Item K – Copy of the Chinese-made Boker converted “Top Lock” with a 3” single-edged, spring-loaded blade and having a silver handle with black rubber inserts and a pocket clip. This knife has recently flooded the market and is made in China. It is a poor copy of the Boker “Top Lock” but it is popular because of the very inexpensive price of $4.00 and $5.00 per knife. These knives are coming into the United States in huge shipments already converted and are showing up at flea markets, trade shows and on the Internet.

Item L – This is a smaller version of Item K (a 2 ½” blade) with the words “Speed Lock II” on that blade that is made by the Chinese.

ISSUE:

Whether the subject knives are prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245).

LAW AND ANALYSIS:

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.

The Customs Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103. In this regard we note that a switchblade knife is defined in pertinent part as follows:

§ 12.95 Definitions.

(a) Switchblade knife. any imported knife, 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;

(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; (Emphasis added)

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; or

Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof.

As for what constitutes “insignificant preliminary preparation”, the regulations further provide as follows:

§ 12.95(b) Insignificant preliminary preparation. “Insignificant preliminary preparation” means preparation with the use of ordinary available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time.

With respect to the knives submitted for our review, upon examining each sample it is readily apparent that with the exception of Item I (the only sample that is in an “unconverted” condition), all are switchblades as defined in § 12.95(a)(1) (“A blade which opens automatically by hand pressure applied by a button or device in the handle of the knife,”). Consequently, the importation of such knives is prohibited pursuant to 19 CFR § 12.97.

In regard to Item I, you state that this knife may easily be converted to a switchblade by a procedure involving the installation of a spring. Pursuant to Customs ruling letters 729781, dated July 28, 1987, and 731086, dated March 9, 1988, knives that can be converted to switchblades through the addition of a spring have undergone an “insignificant preliminary preparation” within the meaning of 19 CFR § 12.95(b) thus resulting in their meeting the definition of a switchblade as set forth in § 12.95(a)(2) (i.e., “Knives which, by insignificant preliminary preparation,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). Consequently, the importation of Item I would be prohibited, as would that of any of the other samples submitted for our review if they were in such an “unconverted” condition.

In addition to our determination in this matter as provided above, we note that your letters pose several questions. Your questions and our corresponding responses are set forth below.

Question 1. Can an assembled or unassembled knife that is of foreign manufacture and which was originally designed as a switchblade be imported into the United States if:
the knife does not have a spring inserted into it (or included in the package) thereby not allowing it to function as an automatic knife at the time of importation. the knife had some alterations, either external or internal, done to it before importation making it not readily convertible to operate as a switchblade at the time of entry into the United States.

Answer: Switchblade knives as defined in 19 CFR §§ 12.95(a)(1)(2) (3) and (4) are prohibited from importation and are subject to forfeiture (see 19 CFR § 12.97) unless otherwise exempted. If a knife meets any of the aforementioned definitions of a switchblade (see discussion above regarding the insertion of a spring), its importation is prohibited unless it falls within one of the following statutory exceptions set forth in 19 CFR § 12.98: (1) its importation is pursuant to a contract with a branch of the Armed Forces of the United States; (2) it is imported by a branch of the Armed Forces of the United States or any member or employee thereof acting in the performance of his duty; or (3) the switchblade knife, other than a ballistic knife, having a blade not exceeding 3 inches in length is in the possession of and is being transported on the person of an individual who has only one arm.

Question 2. – If a knife can be imported, and it does not have a spring inserted, and if it may have had some alterations before importation, be they external or internal, done to make it not readily convertible to operate as a spring knife, can a spring be inserted or attached after the knife clears Customs? In essence, when does a functioning knife become an illegal knife? If alterations are to be made to them within the United States, does that still put them in the status of being a non-switchblade at the time of entry?

Answer: See the answer to Question 1, above. With respect to possible alterations done to a knife after its lawful importation, such alterations are beyond the jurisdiction of the U.S. Customs Service.

Question 3. – If such a knife cannot be legally imported and is illegal in the United States, why is it that so many different people are openly selling and openly displaying so many different styles and models that are manufactured in so many different countries?

Answer: In regard to the knives to which you refer, it is possible that some may have inadvertently missed a Customs examination. However, in view of your statement as to the widespread availability of these knives, we are referring this matter to our Office of Investigations.

Question 4. – Can knife parts, even though they were manufactured for the purpose of when being assembled to produce a working switchblade, be imported and upon entering the United States, be assembled into a functioning switchblade after clearing Customs? If so, I would also like to be educated on precise parts that would be allowed for the intent to assemble switchblade knives. I would also request precise rulings as to what percentage of switchblade knife parts must be American-made to qualify as an American-made switchblade knife as where the rest of the parts would be of foreign origin. May instructions be included with the parts or knife showing customers how to convert and assemble them into a functioning switchblade?

Answer – We reiterate that pursuant to 19 CFR § 12.95(a)(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, constitute switchblades prohibited from importation. Customs has no de minimis rule with respect to what percentage of a switchblade knife would render it domestically made. Furthermore, pursuant to 19 CFR § 12.95(a)(4), knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof, are prohibited from importation as well. With respect to whether instructions may be included with the parts or knife showing customers how to convert and assemble them into a functioning switchblade, it should be noted that such instructions are taken into consideration with respect to evidence of “insignificant preliminary preparation” as defined in 19 CFR § 12.95(a)(2).

Question 5. – Are there some special circumstances when an actual functioning switchblade knife can be imported and sold in the United States, for example, the military, police, or other if the foreign knives are illegal?

Answer – Yes, as noted above switchblade knives are permitted to be imported under the provisions of 19 CFR §§ 12.98(a)(b) and (c).

Question 6. – If there are some special circumstances, what procedures are required by law to qualify to do so? Thus, if I am allowed to import foreign switchblades and/or parts, I wish to be advised of what kind of licenses or procedures I must go through to obtain said license to be an authorized importer/dealer. Also, please include in your ruling the customers that I may sell to and to include the authorized forms that they must fill out if I am allowed to sell automatic knives.

Answer - The procedures for permitted entry of the knives referenced in 19 CFR § 12.98, including the requisite documentation, are set forth in 19 CFR § 12.99 (copy enclosed). This agency does not provide lists of potential consumers of this or any other product.

Question 7. – It is well known that companies in America in some states are manufacturing switchblade knives for sale. Are foreign and American produced switchblade knives both illegal or just the foreign ones.

Answer – As discussed above, the U.S. Customs Service prohibits the importation of switchblade knives, with the exception of those permitted importations discussed above. Any restrictions with respect to those switchblade knives produced in the United States fall within the jurisdiction of each respective state.

Question 8. – If the United States Federal Government is allowing Americans to manufacture switchblades in some states, why is it that the foreign switchblades are also not legal in those same states? What is the determining factor that allows one to be accepted but not the other when both knives are identical by nature?

Answer – We reiterate that the U.S. Customs Service administers those Federal laws pertaining to the importation of merchandise. The Switchblade Knife Act is one of those laws. Those state laws addressing the domestic manufacture/possession of switchblade knives are not within the purview of this agency.

Question 9. – If your office is not authorized to answer any of these questions, then I would ask you to notify me of which office or branch I should contact so that I may be assured that I am not breaking any laws, state or federal, concerning these types of knives that I wish to display and sell.

Answer – Those questions you pose which are not addressed in this letter should be directed to the proper authorities in your respective state(s) of interest.

HOLDING:

The subject knives are prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245). In view of the fact that these knives were imported contrary to law, we are precluded from returning them to you. Although this matter is being referred to our Office of Investigations, in view of the fact that you voluntarily submitted these samples in furtherance of a ruling request submitted pursuant to 19 CFR § 177.2, no further enforcement action will be directed to you or your business venture in this regard.

Sincerely,

Larry L. Burton

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