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HQ 115725





July 22, 2002

RES-2-23-RR:IT:EC 115725 GEV

CATEGORY: CARRIER

Shirley Harvey
Import/Export Manager
Browning Arms Company
One Browning Place
Arnold, Missouri 63010-3156

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

Dear Ms. Harvey:

This is in response to your letter dated June 7, 2002, enclosing a sample knife and a schematic thereof, requesting a ruling as to its admissibility. Your letter was forwarded to us by the Chief, Metals and Machinery Branch, National Commodity Specialist Division, U.S. Customs Service, New York. Our ruling is set forth below.

FACTS:

The subject knife is stated to be sold as a hunting and fishing knife. Browning Arms Company proposes to import it into St. Louis, Missouri from Fox Knives, Oreste Frati S.N.C., VIA LA MOLA 4, 33085 Maniago (PN) Italy. It is a dual-blade folding knife, 4 ½” long when folded, and approximately 7 ½” inches long when open, with a camouflage-colored handle and a belt clip. It has a lever lock system to hold open its two single-edge blades which are attached to the handle by an exterior screw. One blade is a serrated saw blade that can be opened manually by means of a cutout near its tip. The other blade, the back of which is formed into a gut hook, is a utility blade that can be opened by means of either a cutout near its tip or a thumb knob near the end of the blade close to the handle. Once opened, both blades can only be closed by pressing a release panel on the underside of the handle and then manually closing the blade.

The non-serrated blade is spring-assisted. It is opened fully by the action of the spring after the user has pushed the thumb-knob protruding from the base of the blade near the handle to approximately 45 degrees from the handle.

ISSUE:

Whether the sample knife submitted for our review is 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, “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;

(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; or

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

With respect to the sample knife forwarded for our review, upon examining it is it is readily apparent that not only are both blades detachable, the non-serrated blade is spring-assisted. The exertion of pressure against the knob protruding from the base of the non-serrated blade thereby pushing it from its closed position activates a spring mechanism which automatically propels the blade into a fully open position. A knife such as this is clearly a switchblade as defined in § 12.95(a)(4) (Knives with a detachable blade that is propelled by a spring-operated mechanism and components thereof.) Such knives are not among those listed in § 12.98, Customs Regulations (19 CFR § 12.98) the importation of which is statutorily excepted.

Further in regard to our examination of the sample knife, we note that the serrated blade can be opened and locked into place entirely by a “flick of the wrist.” As such, this knife also meets the definition of a switchblade knife as provided in § 12.95(a)(1) (i.e., a blade which opens automatically by operation of inertia, gravity or both).

HOLDING:

The sample knife submitted for our review is a switchblade and is therefore prohibited entry into the United States pursuant to the Switchblade Knife Act (15 U.S.C. §§ 1241-1245).

The sample knife is hereby returned to the Chief, Metals & Machinery Branch, National Commodity Specialist Division, for disposition.

Sincerely,

Jeremy Baskin

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