CBP Responds to Tariff Classification Request with Finding of Inadmissibility

CBP responded to a tariff classification request from United Cutlery for imported knives by ruling that the merchandise is actually inadmissible. CBP said in the May 29 ruling (here), HQ H26379, that importing such knives would violate prohibitions on switchblade imports. United asked CBP to rule on the correct tariff classification of a “new design folding knife” that the company considered importing, said CBP.

CBP instead looked at whether the knives could be imported to the U.S. at all. "Based on our examination of the sample knife you submitted, we are not issuing you a tariff classification ruling," CBP said to United. "Rather, we are issuing you a ruling as to whether the subject knife is admissible into the commerce of the United States." Switchblade knives are banned from import into the U.S., unless the knives meet certain exemption requirements. United's knives at issue don't meet such exemptions, said CBP.

The sample knives required only "minimal pressure" to cause the "the blade to spring forward automatically and lock in the fully extended position," the agency said. Because the knife "creates a bias toward opening of the blade which causes the blade to spring forward under the pressure of the spring and lock in place," the knife falls within the switchblade import ban, CBP said. This wasn't United's first restricted merchandise ruling from CBP. The agency ruled in 2012 (here) that United couldn't import other knives due to federal switchblade law.