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NY I86378




October 1, 2002

CLA-2-82:RR:NC:N1:113 I86378

CATEGORY: PROHIBITED MERCHANDISE

TARIFF NO.: 8211.93.0030

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

RE: The tariff classification of a pocket knife from China

Dear Mr. Pipitone:

In your letter, dated September 6, 2002 , you requested a ruling on the admissibility of a knife.

The sample you provided is the Compass Pocket Knife, item 4100C. The knife is a linerlock folding knife, with a 2 ½-inch [7 cm.] blade and a 3 ½-inch [9cm.] handle. The knife has a semi-serrated blade. The blade is opened with a thumb knob on the surface of the blade.

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. Several of the samples are inertia-operated knives and are prohibited under the Switchblade Act and subject to seizure. See 19 C.F.R. §12.95 (a)(1). The definition of a switchblade knife 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.

In examining this sample, we found that it does not conform to the definition of a switchblade knife. It does not have a device in the handle, nor does it open by the operation of inertia or gravity.

The applicable subheading for the pocket knife will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades, pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3 cents each plus 5.4 percent ad valorem.

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

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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