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NY C80598

November 10, 1997

CLA-2-82:RR:NC:1:115 C80598


TARIFF NO.: 8211.93.0030

Mr. Jonathan Brill
Jonathan Brill Associates
270 Main Street
Port Washington, NY 11050

RE: The Admissibility of the "Le Kooto" knife from France.

Dear Mr. Brill:

In your letter dated October 8, 1997, you requested a tariff classification ruling and admissibility of the "Le Kooto" knife.

This knife has a 3 1/2" blade that operates, by your account, with a rotary type of opening mechanism.

Part 12 of the Customs Regulations (19 CFR Part 12) at Section 12.95 reads in part as follows:

(a) Switchblade knife. "Switchblade knife" means any imported knife, or components thereof, or any class of imported knife, including "switchblade", "Balisong", "butterfly", or "ballistic" knives, which has one or more of the following characteristics or identities:

(1) 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;

(2) Knives which, by insignificant preliminary preparation can be altered or converted so as to open automatically by hand pressure applied to a button or device in the handle of the knife or by operation of inertia, gravity, or both.

Pursuant to the Switchblade Knife Act (15 U.S.C. 1241-1244) this rotary opening type knife is prohibited merchandise and be cannot be imported into the United States. Consequently, we are precluded from returning to you the sample as you have requested. It will be destroyed 30 days after the date of this letter.

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

If you have any questions regarding this matter, contact National Import Specialist Melvyn Birnbaum at 212-466-5487.


Robert B. Swierupski

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