May 22, 2009 CBP Bulletin Notice on Inadmissibility of Certain Knives with Spring- and Release-Assisted Opening Mechanisms
In the May 22, 2009 issue of the U.S. Customs and Border Protection Bulletin (Vol. 43, No. 21), CBP published a notice proposing to revoke four rulings and associated treatment, as it has now determined that the spring- and release-assisted knives are prohibited from entry under the Switchblade Knife Act.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Proposed revocation of rulings; proposed revocation of treatment. CBP is proposing to revoke four rulings on the admissibility of certain knives with spring- and release-assisted opening mechanisms. Additionally, CBP proposes that this notice covers any other rulings on the admissibility of this merchandise that may exist that are contrary to CBP's determination, but have not been specifically identified. 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 written ruling or decision on the admissibility of the merchandise that is subject to the proposed revocations, or any party involved with substantially identical transactions, should advise CBP by June 21, 2009, the date that written comments on the proposed rulings 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 decisions in these notices.
Knives with spring- and release-assisted opening mechanisms. The merchandise consists of several styles of single-edged folding knives, with single-handed spring- and release-assisted opening mechanisms on the blade.
One style of knife is release-assisted and can be locked into an open position by the use of a safety device (which also can be used to lock it in the closed position).
The second style of knife has a mechanism that operates via a slight spring action by applying finger or thumb pressure to a stud or disc on the side of the blade. The spring provides resistance, which prevents the blade from opening until it is at 30 degrees.
The third style has an assist spring, which engages only after the knife has been manually opened to a 30 degree angle, at which point the mechanism engages and the blade springs open to its extended and locked position.
The fourth style has an assisted-opening mechanism that operates by thumb or hand pressure downward, which releases the locking mechanism and then a slight spring action assists the full opening of the blade.
CBP is proposing to issue HQ H043122, HQ H043124, HQ H043126, and HQ H043127, in order to revoke HQ 116315, HQ W116730, HQ H016666, and HQ H032255, and determine that knives incorporating spring- and release-assisted opening mechanisms are prohibited from entry into the United States pursuant to the Switchblade Knife Act (15 USC 1241-1245) and CBP's associated regulations (19 CFR 12.95-12.103).
CBP proposes these changes based on a reexamination of 15 USC 1241(b) and 19 CFR 12.95(a), which define a "switchblade knife" to be, among other things, 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.
Based on its review, CBP is proposing that the importation of knives with spring- and release-assisted opening mechanisms, often equipped with thumb studs or protrusions affixed to the base of the blade, like traditional switchblade knives, are also prohibited entry.
CBP explains its interpretation by stating that such knives require some human manipulation in order to create or unleash the force of ''gravity'' or ''inertia'' that makes the opening ''automatic.''
Utilitarian use. CBP has also reconsidered its interpretation of the term "utilitarian use," which exists only in CBP's regulations (and not the Act), and is defined in 19 CFR 12.95(c) by exemplar (e.g., for customary household use, crafts, hunting, etc.).
- CFR 12.96 states that imported knives with a blade style designed for a primary "utilitarian use" shall be allowed unrestricted entry provided that in its condition as entered the imported knife is not a switchblade knife as defined in 12.95(a)(1).
It is CBP's proposed view that while blade style is relevant, it is not of overriding importance. Concealability, and the ease with which the knife can be transformed from a '"safe" or "closed" condition to an "operational" or "open" state are much more important.
In conclusion, CBP states that knives with spring- and release-assisted opening mechanisms that require minimal ''human manipulation'' in order to instantly spring the blades to the fully open and locked position cannot be considered to have a primary utilitarian purpose; such articles function as prohibited switchblade knives as defined by the relevant statute and regulations.
May 22, 2009 CBP Bulletin (Vol. 43, No. 21) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2009/