January 9, 2008 CBP Bulletin Notice on Admissibility of Certain Utility Knives
In the January 9, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 3), CBP published a notice modifying a ruling and revoking treatment as follows:
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Modification of ruling, revocation of treatment relating to admissibility.CBP is modifying a ruling on the admissibility of certain utility knives. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.
According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after March 9, 2008.
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 issuing HQ H017909 in order to modify HQ W479898, and determine that the "Squeeze Knife" is not in violation of the Switchblade Act; it is admissible into the U.S. as it does not meet the definition of a switchblade knife as provided 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 this knife is the opposite of that covered by the Switchblade Knife Act, in that it automatically retracts or "closes" the knife. 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.
Given the explicit language of the Switchblade Knife Act and the implementing regulations, and new evidence and information submitted to CBP, CBP determines that the "Squeeze Knife" is admissible into the U.S.
new: admissible; previous: inadmissible
(See ITT's Online Archives or 11/30/07 news, 07113045, for BP summary of proposed HQ H017909.)
January 9, 2008 CBP Bulletin (Vol. 42, No. 3) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2008/