Ms. Pauline Favreau
Digital Canoe Inc.
Date of issuance of ruling: July 30, 2015
This is in response to your request for an advance ruling on the tariff classification of the Schrade SCHOTF3. This product is manufactured by Schrade and exported from Blue Ridge Knives, 166 Adwolfe Rd., Marion, VA., USA, 24354.
|Effective Date:||July 30, 2015|
The SCHOTF3 Viper Out-the-Front Assisted Opening knife from Schrade features a double-edge 4034 steel blade with a dead blast finish. The handle is black aluminum with a safety, pocket clip and glass breaker. To deploy the blade, the safety lock push on the slider near the base of the handle is released to get the blade moving and the spring assist mechanism continues the deployment of the blade. To retract the blade, the safety lock and pull down on the slider is released to lock it back in place. It is an assisted automatic deployment and manual retraction.
Analysis and Justification
CBSA Memorandum D19-13-2 outlines how Tariff Item 9898.00.00 of the Customs Tariff, the Criminal Code, the Firearms Act, and the Export and Import Permits Act relate to the importing and exporting of firearms, firearm parts, weapons, devices, and certain types of ammunition.
Paragraph 18 of D 19-13-2 states:
18. Weapons that fall under paragraph (a) include the following:
(a) Automatic knife (switchblade) – An automatic knife that houses a blade that will open automatically by hand pressure applied to a lever or button in or attached to the handle (but not on the blade) of the knife. The blade is released by pressure on the lever or button, and opens with the assistance of an internal spring or mechanism.
The Criminal Code defines a prohibited weapon as:
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon.
Note that there is a button, spring or other device "in" or attached to the handle. The slider that is pushed may be attached to the blade, but it is not attached to the exposed part of the blade, it remains at all times within the handle and so is "in" the handle matching the definition found in paragraphs (a) above. When this knife is open there is no thumb stud or other protrusion on the blade; the blade is smooth on both sides. It requires no manual pressure applied directly to the blade, therefore it does not meet the criteria laid out above in order to qualify as an exception.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub- Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The SCHOTF3 Viper Out-the-Front Assisted Opening knife from Schrade meets the criteria of a prohibited weapon as laid out in the Criminal Code and Memorandum D19-13-2 and is therefore classified under tariff item 9898.00.00 by GIR 1.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in paragraph 40 of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
Please be advised that the goods covered by this advance ruling are provided for in a specific tariff provision that is considered 'reason to believe' for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1. In the event that you have been classifying these goods elsewhere in the tariff, you are obligated to self-correct. See Memorandum D11-6-6 for information on self-correction/self-adjustment.
All Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3. The ruling will be published on the CBSA website in 30 days.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
- Date modified: