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HQ 116298

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September 8, 2004

RES-2-23 RR:IT:EC 116298 GOB

CATEGORY: RESTRICTED MERCHANDISE

Louis Sal Glesser
President
Spyderco, Inc.
820 Spyderco Way
Golden, CO 80403

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

Dear Mr. Glesser:

This is in reply to your letter of July 20, 2004 in which you request a ruling to the effect that two knives are not “switchblades.” By correspondence of August 9, 2004 and September 1, 2004, you provided additional information.

FACTS:

The knives at issue are known as “SpyderFly” and “SzaboFly,” models B01 and B02, respectively. You state that the primary use in the U.S. will be for “collection and sport utility pocket cutlery, i.e., as a pocket knife.” You also refer to the knives as “Balisong/Butterfly type knives.”

In your July 20, 2004 letter, you state:

The knife has been designed to be removed from its carried position as attached to the wearer by the pocketclip, the latch must be unlocked, and each handle must be repositioned to deploy the blade, thus creating the need for several operations to ready the blade for use.

In your September 1, 2004 letter you state the following:

. . . the scales are shaped specifically to discourage any stabbing motion as the handles are tapered toward the blade . . . The B01 and B02 will . . . never be offered in a double edged/dagger type configuration . . . [T]he lock only locks in the closed (blade covered) position . . . Experience shows our products in this price range are generally unattainable by pre-adult aged customers . . . [T]he end user is generally a tradesman seeking our utilitarian reliable quality, collector, or astute consumer purchasing for a specific need, quality level, purpose, or an upper scale gift. [Emphasis in original.]

In HQ 710012 dated September 28, 1982, Customs (now Customs and Border Protection (“CBP”)) stated:

The “Balisong” knife is a folding knife with a split handle. In the closed position the two halves of the handle encase the blade. To open the knife, the two halves are folded back until they meet and are then secured by a clasp.

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 CBP 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,including “Balisong”, “butterfly” 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;

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.]

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.

After a careful examination of the subject knives and the documentation in the file, we make the following determinations. For the purpose of this ruling, the two knives are highly similar and essentially identical, i.e., they function in the same manner.

The subject knives are what are commonly known as Balisong or butterfly knives. They can be opened with one hand by the uninitiated or unskilled user. They can be opened very quickly by the skilled or highly proficient user.

Section 12.95(a)(1), CBP Regulations (19 CFR 12.95(a)(1)) provides in pertinent part that a switchblade knife is any imported knife “with a blade which opens automatically by operation of inertia, gravity, or both.” Section 12.95(a)(2), CBP Regulations (19 CFR 12.95(a)(2)) provides in pertinent part that a switchblade knife is any imported knife “which, by insignificant preliminary preparation, can be altered or converted so as to open automatically . . . by operation of inertia, gravity, or both.” “Insignificant preliminary preparation” is defined in section 12.95(b), Customs Regulations (19 CFR 12.95(b)), above.

The knives are opened (by one hand) by pushing back the latch or safety catch and letting the knife open by gravity, inertia, or both. We find that these knives are switchblades knives within the meaning of 19 CFR 12.95(a)(1). The fact that these knives require the pushing back of the latch or safety catch before the knife opens by gravity and/or inertia does not, in our view, takes these knives outside of the scope of 19 CFR 12.95(a)(1).

Our determination is consistent with Taylor v. United States, 848 F.2d 715 (6th Cir. 1988), rev’g Taylor v. McManus, et al, 661 F.Supp. 11 (1986), where the court upheld Customs’ determination that Balisong or butterfly knives were switchblade knives within the meaning of the Switchblade Knife Act and regulations issued thereunder.

HOLDING:

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

Sincerely,

Glen E. Vereb
Chief

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