C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 12—SPECIAL CLASSES OF MERCHANDISE

19 C.F.R. § 12.95

Definitions

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Terms as used in §§ 12.96 through 12.103 of this part are defined as follows:

(a) Switchblade knife. “Switchblade knife” means any imported knife, or components thereof, or any class of imported knife, including “switchblade”, “Balisong”, “butterfly”, “gravity” 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, as described in paragraph (b) of this section, 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;

(3) Unassembled knife kits or knife handles without blades which, when fully assembled with added blades, springs, or other parts, are knives which 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; or

(4) Knives with a detachable blade that is propelled by a spring-operated mechanism, and components thereof.

(b) Insignificant preliminary preparation. “Insignificant preliminary preparation” means preparation with the use of ordinarily available tools, instruments, devices, and materials by one having no special manual training or skill for the purpose of modifying blade heels, relieving binding parts, altering spring restraints, or making similar minor alterations which can be accomplished in a relatively short period of time.

(c) Utilitarian use. “Utilitarian use” includes but is not necessarily limited to use:

(1) For a customary household purpose;

(2) For usual personal convenience, including grooming;

(3) In the practice of a profession, trade, or commercial or employment activity;

(4) In the performance of a craft or hobby;

(5) In the course of such outdoor pursuits as hunting and fishing; and

(6) In scouting activities.

[T.D. 71-243, 36 FR 18859, Sept. 23, 1971, as amended by T.D. 90-50, 55 FR 28192, July 10, 1990]
Notes of Decisions
Cited in 3 cases, 1986–1988 · leading case: Taylor v. McManus, 661 F. Supp. 11 (E.D. Tenn. 1986).
Sort: Relevance Newest Treatment
Taylor v. McManus, 661 F. Supp. 11 (E.D. Tenn. 1986). · cites it 6× “§ 1241 (b)) and the regulations promulgated by the Secretary of the Treasury at 19 C.F.R. § 12.95 (a). Plaintiff also asks the Court to enjoin the defendants from seizing future shipments of Balisong knives.”
Stewart A. Taylor, D/B/A Taylor Cutlery Mfg. Co. v. United States of Am., 848 F.2d 715 (6th Cir. 1988). “§ 1241 (b): The term 'switchblade knife' means any knife having a blade which opens automatically— (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both Regulations at 19 C.F.R. § 12.95 (a) contains…”
Bingham, Ltd., & Sanford L. Brygider, President of Bingham, Ltd. v. Edwin Meese, III, 817 F.2d 98 (11th Cir. 1987). “The district court concluded, after extensive review of the legislative history and the rules and regulations promulgated under the Act, 19 C.F.R. 12.95 et seq., that the “Guardfather” was within the legislative intent and scope of the Act.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.