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Feds ban Assisted openers and Flick knives
- Thread starter tom19176
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DEPARTMENT OF HOMELAND SECURITY.
U.S. CUSTOMS AND BORDER PROTECTION,
HQ W116730
November 7, 2006
RES–2–23 RR:BSTC:CCI W116730 GOB
CATEGORY: Restricted Merchandise
MATTHEW K. NAKACHI, ESQ.
SANDLER, TRAVIS & ROSENBERG AND GLAD & FERGUSON, P.C.
One Sutter Street 10th Floor
San Francisco, CA 94104
RE: Knives; Switchblade Knives; 15 U.S.C. §§ 1241–1245; 19 CFR
§§ 12.95–12.97
DEAR MR. NAKACHI:
This letter is in reply to your letter of May 31, 2006 on behalf of Columbia
River Knife and Tool (‘‘CRKT’’
, requesting a ruling with respect to the ad-
missibility of certain knives described below. Your ruling request was trans-
ferred to this branch for response on October 11, 2006. Our ruling is set
forth below.
FACTS:
You describe the knives as follows:
The Outburst mechanism operates via a slight spring action, which as-
sists in the opening of the knife by application of the finger or thumb
pressure on a thumb stud or disc which protrudes from the side of the
blade, allowing the blade to be more easily pushed to an open and
locked position. The interior of the blade is engineered such that the
spring actually provides resistance, which prevents the knife from open-
ing, until the blade is opened to approximately a 30-degree angle.
Hence, when incorporated into knives, the Outburst mechanism only
assists in the opening of the knife when the blade is opened to approxi-
mately 30-degrees. The user is unable to modify this restriction since at
angles less than 30-degrees, the spring exerts back-pressure which
holds the blade closed. . . . This back-pressure arises from the engineer-
ing of the tempered blade shape and not from the mere tightening of a
blade screw.
Since the Outburst mechanism holds the blade closed, it renders the
tightness of the blade screw irrelevant for purposes of review under
the Switchblade Knife Act. . . . As a secondary level of protection, even if
the main spring of the Outburst mechanism is removed, the locking arm
of the knife itself contains a ball-detent bias against the blade which
prevents the knife from being flicked open by inertia or gravity. The
ball-detent bias is also not readily accessible to modification by the user.
The knife models subject to this ruling are as follows:
1. The Koji Hara Ichi consists of a drop-point, pen-knife blade, in black
or silver. The body of the knife is built on an open frame with Zytel
scale inserts and fasteners and a removable clip. . . .
2. The My Tighe consists of a stainless-steel, utilitarian blade with op-
tional serrations. The knife includes black Zytel inserts, black hard-
ware and a black Teflon-plated, removable clip. . . .
3. The Kommer Full Throttle consists of a stainless-steel, straight blade
with optional serrations. The knife is built on an open frame with a
flat handle profile. . . .
All of the blades are readily identifiable as being designed for personal,
utilitarian use. . . .
. . .
. . . Such single-handed opening is greatly beneficial to craftsmen,
outdoorsmen and workers, who are engaged in a particular task when
the need to simultaneously make a cut arises. For example, a fisherman
could be holding a fish caught on a fishing line with one hand, while
both drawing and opening an Outburst assisted-opening knife with the
other hand.
[All emphasis in original.]
You have submitted samples of the following knives, as identified on their
packages: 1080 Full Throttle; 1081 Full Throttle; 1070 Ichi; 1070KSC Ichi;
1070R Red Ichi Asist.; 1090 My Tighe; 1091 My Tighe; and 1091K My Tighe
Black. It is these eight knives which are the subject of this ruling. In the
closed position, these knives range in length from four and one-half inches to
three and one-quarter inches. The blades range in length from three and
one-half inches to two and three-eighths inches.
ISSUE:
Whether the subject knives are prohibited entry into the United States pur-
suant to the Switchblade Knife Act, 15 U.S.C. §§ 1241–1245.
We have carefully examined the eight knives which you have submitted.
These knives are substantially similar in operation to the knives in HQ
116315. We find that the subject knives are not switchblade knives within
the meaning of 19 CFR § 12.96(a)(1) in that the blades do not open auto-
matically by hand pressure applied to a button or device in the handle of the
knife (there is no opening device on the handle), nor do the knives open au-
tomatically by operation of inertia or gravity. We further find that the knives
have a blade style designed for a primary utilitarian use within the meaning
of 19 CFR § 12.95(c).
[legal junk removed, basically they copied the federal law in here]
Based upon these findings, we conclude 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 as defined in 19 CFR 12.95(c) 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 (1080 Full Throttle; 1081 Full
Throttle; 1070 Ichi; 1070KSC Ichi; 1070R Red Ichi Asist.; 1090 My Tighe;
This is attachment "B" of what is being overturned.
The bottom of this is interesting:
REVOCATION OF A RULING LETTER AND REVOCATION
OF TREATMENT RELATING TO THE TARIFF
CLASSIFICATION OF WALL BANNERS AND PENNANTS
AGENCY: Bureau of Customs and Border Protection; Department
of Homeland Security.
ACTION: Notice of revocation of a tariff classification ruling letter
and revocation of treatment relating to the classification of wall ban-
ners and pennants
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930, as by
section 623 of Title VI (Customs Modernization) of the North Ameri-
can Free Trade Agreement Implementation Act (Pub. L. 103–182,
107 Stat. 2057), this notice advises interested parties that Customs
and Border Protection (CBP) is revoking a ruling letter relating to
the tariff classification of certain wall banners and pennants, under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). CBP is also revoking any treatment previously accorded
by it to substantially identical transactions. Notice of the proposed
revocation was published on March 19, 2009, in the Customs Bulle-
tin, Volume 43, Number 12. No comments were received in response
to the proposed revocation.
EFFECTIVE DATE: This action is effective for merchandise en-
tered or withdrawn from warehouse for consumption on or after July
21, 2009.
U.S. CUSTOMS AND BORDER PROTECTION,
HQ W116730
November 7, 2006
RES–2–23 RR:BSTC:CCI W116730 GOB
CATEGORY: Restricted Merchandise
MATTHEW K. NAKACHI, ESQ.
SANDLER, TRAVIS & ROSENBERG AND GLAD & FERGUSON, P.C.
One Sutter Street 10th Floor
San Francisco, CA 94104
RE: Knives; Switchblade Knives; 15 U.S.C. §§ 1241–1245; 19 CFR
§§ 12.95–12.97
DEAR MR. NAKACHI:
This letter is in reply to your letter of May 31, 2006 on behalf of Columbia
River Knife and Tool (‘‘CRKT’’
, requesting a ruling with respect to the ad- missibility of certain knives described below. Your ruling request was trans-
ferred to this branch for response on October 11, 2006. Our ruling is set
forth below.
FACTS:
You describe the knives as follows:
The Outburst mechanism operates via a slight spring action, which as-
sists in the opening of the knife by application of the finger or thumb
pressure on a thumb stud or disc which protrudes from the side of the
blade, allowing the blade to be more easily pushed to an open and
locked position. The interior of the blade is engineered such that the
spring actually provides resistance, which prevents the knife from open-
ing, until the blade is opened to approximately a 30-degree angle.
Hence, when incorporated into knives, the Outburst mechanism only
assists in the opening of the knife when the blade is opened to approxi-
mately 30-degrees. The user is unable to modify this restriction since at
angles less than 30-degrees, the spring exerts back-pressure which
holds the blade closed. . . . This back-pressure arises from the engineer-
ing of the tempered blade shape and not from the mere tightening of a
blade screw.
Since the Outburst mechanism holds the blade closed, it renders the
tightness of the blade screw irrelevant for purposes of review under
the Switchblade Knife Act. . . . As a secondary level of protection, even if
the main spring of the Outburst mechanism is removed, the locking arm
of the knife itself contains a ball-detent bias against the blade which
prevents the knife from being flicked open by inertia or gravity. The
ball-detent bias is also not readily accessible to modification by the user.
The knife models subject to this ruling are as follows:
1. The Koji Hara Ichi consists of a drop-point, pen-knife blade, in black
or silver. The body of the knife is built on an open frame with Zytel
scale inserts and fasteners and a removable clip. . . .
2. The My Tighe consists of a stainless-steel, utilitarian blade with op-
tional serrations. The knife includes black Zytel inserts, black hard-
ware and a black Teflon-plated, removable clip. . . .
3. The Kommer Full Throttle consists of a stainless-steel, straight blade
with optional serrations. The knife is built on an open frame with a
flat handle profile. . . .
All of the blades are readily identifiable as being designed for personal,
utilitarian use. . . .
. . .
. . . Such single-handed opening is greatly beneficial to craftsmen,
outdoorsmen and workers, who are engaged in a particular task when
the need to simultaneously make a cut arises. For example, a fisherman
could be holding a fish caught on a fishing line with one hand, while
both drawing and opening an Outburst assisted-opening knife with the
other hand.
[All emphasis in original.]
You have submitted samples of the following knives, as identified on their
packages: 1080 Full Throttle; 1081 Full Throttle; 1070 Ichi; 1070KSC Ichi;
1070R Red Ichi Asist.; 1090 My Tighe; 1091 My Tighe; and 1091K My Tighe
Black. It is these eight knives which are the subject of this ruling. In the
closed position, these knives range in length from four and one-half inches to
three and one-quarter inches. The blades range in length from three and
one-half inches to two and three-eighths inches.
ISSUE:
Whether the subject knives are prohibited entry into the United States pur-
suant to the Switchblade Knife Act, 15 U.S.C. §§ 1241–1245.
We have carefully examined the eight knives which you have submitted.
These knives are substantially similar in operation to the knives in HQ
116315. We find that the subject knives are not switchblade knives within
the meaning of 19 CFR § 12.96(a)(1) in that the blades do not open auto-
matically by hand pressure applied to a button or device in the handle of the
knife (there is no opening device on the handle), nor do the knives open au-
tomatically by operation of inertia or gravity. We further find that the knives
have a blade style designed for a primary utilitarian use within the meaning
of 19 CFR § 12.95(c).
[legal junk removed, basically they copied the federal law in here]
Based upon these findings, we conclude 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 as defined in 19 CFR 12.95(c) 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 (1080 Full Throttle; 1081 Full
Throttle; 1070 Ichi; 1070KSC Ichi; 1070R Red Ichi Asist.; 1090 My Tighe;
This is attachment "B" of what is being overturned.
The bottom of this is interesting:
REVOCATION OF A RULING LETTER AND REVOCATION
OF TREATMENT RELATING TO THE TARIFF
CLASSIFICATION OF WALL BANNERS AND PENNANTS
AGENCY: Bureau of Customs and Border Protection; Department
of Homeland Security.
ACTION: Notice of revocation of a tariff classification ruling letter
and revocation of treatment relating to the classification of wall ban-
ners and pennants
SUMMARY: Pursuant to section 625(c), Tariff Act of 1930, as by
section 623 of Title VI (Customs Modernization) of the North Ameri-
can Free Trade Agreement Implementation Act (Pub. L. 103–182,
107 Stat. 2057), this notice advises interested parties that Customs
and Border Protection (CBP) is revoking a ruling letter relating to
the tariff classification of certain wall banners and pennants, under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). CBP is also revoking any treatment previously accorded
by it to substantially identical transactions. Notice of the proposed
revocation was published on March 19, 2009, in the Customs Bulle-
tin, Volume 43, Number 12. No comments were received in response
to the proposed revocation.
EFFECTIVE DATE: This action is effective for merchandise en-
tered or withdrawn from warehouse for consumption on or after July
21, 2009.
yeah its one month after they stop taking letters and legal opinion. rest assured people, this will not go unchallenged by the knife community.
I dont think it's that simple. If they ban AO's, then they can ban anything. This will only be the beginning of further bans of gun control and other bans. Tom, this post isn't meant to antagonize you, but it's sad when we lose our freedoms and people justify it.
- Joined
- Sep 5, 2006
- Messages
- 20,593
The feeling was that firearms would be the target first.
The knife lovers took a small amount of comfort (not much because most of us love guns too) thinking that they'd be too worried about firearms to bother with knives.
Are they just following Australia's and the UK's policy now and sooner or later we will not be allowed to buy, or own anything that they view as "too dangerous"?
Start with the knives and work up to the firearms soften us up, they probably feel there will be less resistance going after certain knives at first. Just a overall piece of a big plan?
The knife lovers took a small amount of comfort (not much because most of us love guns too) thinking that they'd be too worried about firearms to bother with knives.
Are they just following Australia's and the UK's policy now and sooner or later we will not be allowed to buy, or own anything that they view as "too dangerous"?
Start with the knives and work up to the firearms soften us up, they probably feel there will be less resistance going after certain knives at first. Just a overall piece of a big plan?
- Joined
- Jan 29, 2009
- Messages
- 326
Thanks for the explanation. Although this is troubling, I know that there still many, many steps that would have to be taken before the law would slide down the slippery slope to the point where carrying any kind of one-handed opener would be deemed illegal. That would put Spyderco, Benchmade, Kershaw, and all the other knife makers straight out of business. They would lobby like crazy before that would happen, and I'll bet our government would step in and back them because they don't want the unemployment rate to get even worse by putting all those manufacturers out on the street.
Also, there would be a BIG public outcry if people couldn't carry one handed openers. They are just too common to outlaw them without huge repercussions and public disobedience.
- Joined
- Jan 20, 2009
- Messages
- 1,185
I like how you assume Bush wasn't. News flash, I never mentioned Bush, it's typical of everybody to think if you don't like Obama you like Bush. I never said I did, read my posts. Did I say McCain was a better option? No, I said that Obama is leading us down a socialist path, I never said other people weren't trying the same thing. If you want to prove me wrong, post it in W&C. I will gladly disagree as will many people.
In regards to the thread, this is the first of many rights that are soon to be infringed upon.
- Joined
- May 30, 2007
- Messages
- 2,397
doesnt really matter which party is in it is evident and has been for awhile that they do not have our interests in mind when they do anything
Department of Home Land shenanigans is a joke, a really unfunny joke.
Its not just gonna stop at AO i have been hassled and browbeat for carrying a Case mini stockman to a major amusement park... You would have thought i was a raging psychopath, i wasnt before that but i sure was afterward
i hate to read this
ivan
- Joined
- Dec 17, 2005
- Messages
- 7,809
Guys, keep this to the topic at hand.
Political disscussion in general will only lead to this very important thread getting closed down and people getting infractions.
Leave the them vs. us stuff out of it.
Political disscussion in general will only lead to this very important thread getting closed down and people getting infractions.
Leave the them vs. us stuff out of it.
- Joined
- Sep 29, 2008
- Messages
- 10,394
I have to agree.
Take it to W&C if you want to argue at each other. In General we should be discussing knives, not people.
- Joined
- Sep 5, 2006
- Messages
- 20,593
It tees me the F@@! OFF! To have the feds worry with what sort of knife I can own. All the crap you have to put up with in life and you got some overpaid idiots worried about what kind of pocket knife people can buy and carry. It really makes me see red and I will do everything in my power to never comply with anything they say.
(in other words I don't like it one bit
we are in the golden age of fine knives and they want to mess with it:thumbdn
(in other words I don't like it one bit
we are in the golden age of fine knives and they want to mess with it:thumbdn
Last edited:
- Joined
- Feb 28, 2008
- Messages
- 4,834
Use your brain, give it up...take your misguided political notions elsewhere...i guess you can't see how many times it has been mentioned to keep theis thread off of politics...otherwise, this will get locked and thus will end the actual important discussion...
I dont mind staying away from the politics but I didnt bring it up and I am correcting a paranoid notion that has zero evidence and has been said over and over again by people in this thread.
I actually took the time to read the article, see what they were doing, and make sure everyone could read it. Im just telling people to chill out.
- Joined
- Sep 29, 2008
- Messages
- 10,394
- Joined
- May 25, 2006
- Messages
- 3,982
Hot off the press from KnifeRights.Org...
PROPOSED U.S. RULE WOULD MAKE MANY POCKETKNIVES ILLEGAL
This email is just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you are taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!
Now, on to the issue:
U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades; that, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.
Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knife making community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, and this is the real thing.
Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!
Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.
In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U S Customs Proposed Ruling - Assisted Opening Knives.pdf
This is the reason why Knife Rights exists; this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.
Doug Ritter
dritter@KnifeRights.org
Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools
...Joe K.
PROPOSED U.S. RULE WOULD MAKE MANY POCKETKNIVES ILLEGAL
This email is just a heads up to Knife Rights members and supporters about a very critical and important development that jeopardizes your right to own and carry pocket knives. PLEASE DO NOT ACT YET! Word is reaching the street via forums and other means and we want to make sure the true facts are known as there are many inaccurate rumors circulating. Many of the emails we have received are inaccurate or full of hyperbole. Any knee jerk or inappropriate reaction will endanger our cause, not help it. Please wait until your organization has developed appropriate and effective responses in order that you are taken seriously by the relevant authorities. I cannot overemphasize how critical this is, DO NOT WRITE YET, PLEASE!
Now, on to the issue:
U.S. Customs just about a week ago proposed revoking earlier rulings and years of precedence that assisted opening knives are not switchblades; that, in and of itself is bad enough. However, the proposed new rule would not only outlaw assisted opening knives, its overly broad new interpretation of what is a switchblade (automatic) knife could also easily be interpreted to include all one-handed opening knives and even most other pocket knives. All knife owners could be impacted by this ill-conceived change to existing policy. We will have much more information on the historical issues and the like in coming days as we organize our response.
Please note that Customs' interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. The effect is NOT limited to just imports. This would be a devastating blow to our rights and to the entire knife making community. It has the potential to make criminals of millions of law-abiding citizens and put thousands of workers on the street. This is no joke, this is not just hype, and this is the real thing.
Knife Rights, in cooperation with AKTI and the affected knife manufacturers, is formulating a well-reasoned and effective response. We will all be asking for an extension to the ridiculously short 30-day comment period. We anticipate that some extension will be granted, hopefully for a meaningful period. Part of the reason for the extension is to allow us to adequately inform and advise the millions of knife owners who might be affected. PLEASE DO NOT RESPOND JUST YET. This would be extremely counterproductive. We still have plenty of time to do this right and stop this travesty, but we must proceed intelligently and at the correct time with the best possible arguments. DO NOT JUMP THE GUN!
Within the next week we will post a sample letter and talking points for your use. At that time we will ask you to write and MAKE YOUR VOICES HEARD! Please, do not respond earlier, it will be extremely counterproductive.
In the meantime, we are making the full 63 page document available to you to read for yourself. Again, while we understand your frustration, please do not write just yet.
http://www.kniferights.org/U S Customs Proposed Ruling - Assisted Opening Knives.pdf
This is the reason why Knife Rights exists; this is why we formed the organization. We didn't know where or how the attack would come, but we knew it was only a matter of time. We are here for you and will keep you informed.
Doug Ritter
dritter@KnifeRights.org
Have you signed up? Go to: www.KnifeRights.org
Protecting your right to own and carry knives and tools
...Joe K.
- Joined
- Feb 28, 2008
- Messages
- 4,834
- Status