November 21, 2007 CBP Bulletin Notice on Admissibility of Certain Utility Knives
In the November 21, 2007 issue of the U.S. Customs and Border Protection Bulletin(Vol. 41, No. 48), CBP published a notice proposing to modify a ruling and revoke a treatment as follows:
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Proposed modification of ruling; proposed revocation of treatment relating to admissibility. CBP is proposing to modify a ruling on certain utility knives pertaining to admissibility. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocation, or any party involved with a substantially identical transaction, should advise CBP by December 21, 2007, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Certain Utility Knives. The merchandise is described as the "Squeeze Knife." It has the appearance of a single utility knife and is approximately 6 1&8260;2 inches in length. The "blade" of the article, which appears to be a standard utility/dry wall/ "razor knife" blade, is approximately 1 inch long when fully extended. The "blade" springs into the open and locked position when pressure is applied to an elongated activator lever that comprises part of the handle.
Inside the knife, a spring is attached to the mechanism which holds the blade. If the lever is depressed only slightly, the blade is extended part-way, without locking in position. If the user ceases applying pressure at any time before the blade is fully extended and locked, the blade automatically retracts into the handle under spring tension. There is also a blade-shaped storage compartment for replacement blades built into the body of the knife.
CBP is proposing to issue HQ H017909 in order to modify HQ W479898, and determine that the "Squeeze Knife" is not in violation of the Switchblade Act, as it does not meet the definition of a switchblade knife in 19 CFR 12.95(a)(1) (i.e., a blade which opens automatically by operation of inertia, gravity or both).
According to CBP, the spring action of the "Squeeze Knife" is the opposite of that covered by the Switchblade Knife Act, in that it automatically retracts or "closes" the knife. Furthermore, this model is not a prototypical switchblade or stiletto; rather, it is a spring activated utility knife which is designed for single-handed use by tradesmen.
proposed: admissible; current: inadmissible
November 21, 2007 CBP Bulletin (Vol. 41, No. 48) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/