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HQ W116717

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November 15, 2006

RES-1-RR:BSTC:CCI W116717 CK

CATEGORY: RESTRICTED MERCHANDISE

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

RE: Switchblade Knives; 15 U.S.C. §§ 1241-1245; 19 CFR §§12.95-12.103

Dear Mr. Glesser:

This is in response to your letter dated August 23, 2006, enclosing one sample of a new prototype knife and photos of the knife in a closed and open position, requesting a ruling as to its admissibility. Our ruling is set forth below.

FACTS:

Spyderco seeks to import a novelty folding pocket knife that is being manufactured in Taiwan. The overall weight of the knife is 3.5 oz. (99G) and its overall length when fully opened is 6-7/8 inches (175mm). The blade length is 1-1/4 inches. The blade and handle material is 440C stainless steel.

The knife folds like a book. In other words the knife releases from its folded position horizontally rather than vertically. The index finger of the right hand fits through the compact folded knife. When pressure is applied to the spring lever in the index finger hole the handle actually releases or “springs open” horizontally into the palm. A safety slide button is located on the handle for manipulation by the right thumb.

ISSUE:

Whether the sample knife submitted for 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 examination it is readily apparent that the blade springs open upon pressure being applied to the lever in the handle accessed through the finger hole in both the blade and handle. Actually in this case it is the handle that is spring assisted to open horizontally into the palm fully extending the knife into an open position. The exertion of pressure against the spring lever in the finger hole activates the spring mechanism, which automatically propels the handle horizontally away from the blade putting the knife into a fully open position. A knife such as this is clearly a switchblade as defined in § 12.95(a)(1). This conclusion is directly in line with previous decisions which held similar knives could not be imported. In HQ 115725, dated July 22, 2002 and HQ 115713, dated July 29, 2002, the U.S. Customs Service (now U.S. Customs and Border Protection (CBP)) held that knives which can be opened by the application of a thumb to a stud on the blade which activates a spring mechanism propelling the blade into a fully opened and locked position were in violation of the Switchblade Knife Act.

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). As such, the sample knife will not be returned to you.

Sincerely,

Glen E. Vereb

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