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NY M81319

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April 3, 2006

RES-2-83:RR:NC:N1:118

CATEGORY: ADMISSIBILITY

Ms. Lea Ford
John S. Connor, Inc.
799 Cromwell Park Drive
Suites A-G
Glen Burnie, MD 21061

RE: The tariff classification of a belt buckle knife marked Made in China.

Dear Ms. Ford:

In your letter dated March 22, 2006, you requested a ruling, on behalf of Szco Supplies Incorporated, on the classification of a belt buckle knife. A sample was submitted for examination.

The item is a 3” x 2 ¼” metal belt buckle with a knife. It is packaged in a box marked Belt Art Knife (M-007-SCORP-AS). The knife has a 2 ¼” stainless steel blade and a 3” handle. The handle of the knife contains a raised scorpion design. It is held in place on the buckle by the protrusion of the blade and a bar that runs along the opposite side. The closed knife is removed by sliding the knife handle to the side. The knife can be opened by grabbing the nail mark on the blade or through inertia. To close the open knife blade, the bar along the top of the blade needs to be depressed to release the locking mechanism.

The Switchblade Knife Act (15 U.S.C. §§ 1241-1245) prohibits the introduction, manufacture for introduction, transportation or distribution in interstate commerce of any switchblade knife. The Customs Regulations promulgated pursuant to the Switchblade Knife Act are set forth in 19 CFR §§ 12.95-12.103.

Section 12.95(a)(1), Customs Regulations (19 CFR 12.95(a)(1)), provides in pertinent part that a switchblade knife means any imported knife with 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.

With respect to the belt buckle knife provided for our review, it is apparent that the blade opens automatically by operation of inertia after sliding the knife out of the buckle groove. Accordingly, it is prohibited merchandise under the Swtichblade Knife Act (15 U.S.C. 1241-1245) and cannot be imported into the United States. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at 646-733-3021.

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

Sincerely,

Robert B. Swierupski
Director,

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