January 26, 2005 CBP Bulletin Notice on the Entry of Certain Knives
In the January 26, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 5), CBP issued a notice proposing to modify a ruling regarding the entry of certain knives. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in this notice.
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CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed ruling, or any party involved with a substantially identical transaction, should advise CBP by February 25, 2005, 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.
CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Modification of Ruling
Entry of certain knives. At issue are release-assisted knives designed to be primarily used as "general carry." CBP states that the knives' features are characteristic of a jackknife or pocket knife, rather than a weapon. The knives have a lock mechanism that must be released to close the knives once they are open. CBP notes that this mechanism is not engaged in any way to open the knives.
CBP is proposing to issue HQ 116315 in order to modify HQ 116229 to reflect that the subject knives are permitted unrestricted entry into the U.S. pursuant to 19 CFR 12.96(a).
In HQ 116229, CBP found that the subject knives are switchblades within the meaning of 19 CFR 12.95(a)(4).
However, upon further review, CBP states that it has determined that the subject knives are not switchblades within the meaning of 19 CFR 12.95(a)(1) because they do not meet the criteria therein (i.e., they do not open automatically by hand pressure applied to a button or device in the handle, nor do they open automatically by operation of inertia, gravity, or both). CBP additionally finds that the subject knives have a blade style designed for a primary utilitarian use within the meaning of 19 CFR 12.95(c).
Accordingly, CBP concludes that the requirements of 19 CFR 12.96(a) are satisfied (i.e., the subject knives have a blade style designed for a primary utilitarian use and they are not switchblades within the meaning of 19 CFR 12.95(a)(1)). Therefore, pursuant to 19 CFR 12.96(a), the subject knives should be permitted unrestricted entry into the U.S.
January 26, 2005 CBP Bulletin (Vol. 39, No. 5) available at http://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_01262005_no5/