---
kind: "range"
citation: "19 C.F.R. §§ 12.96–12.103"
title: "19"
from: "12.96"
to: "12.103"
count: 8
url: "https://uscodex.org/cfr/19/12.96..12.103"
---

# §12.96. Imports unrestricted under the Act.

- (a) **Common and special purpose knives.** Imported knives with a blade style designed for a primary utilitarian use, as defined in [§ 12.95(c)](/cfr/19/12.95.md?p=c), shall be admitted to unrestricted entry provided that in condition as entered the imported knife is not a switchblade knife as defined in [§ 12.95(a)(1)](/cfr/19/12.95.md?p=a-1). Among admissible common and special purpose knives are jackknives and similar standard pocketknives, special purpose knives, scout knives, and other knives equipped with one or more blades of such single edge nonweapon styles as clip, skinner, pruner, sheep foot, spey, coping, razor, pen, and cuticle.
- (b) **Weapons with fixed blades.** Importations of certain articles having a fixed unexposed or exposed blade are not within the prohibition of [15 U.S.C. 1241 through 1245](/usc/15/1241..1245.md). However, upon release by Customs, possession of these admissible articles which include such weapons as sword canes, camel whips, swords, sheath knives, machetes and similar devices that may be capable of use as weapons may be in violation of State or municipal laws.

# §12.97. Importations contrary to law.


Importations of switchblade knives, except as permitted by [15 U.S.C. 1244](/usc/15/1244.md), are importations contrary to law and are subject to forfeiture under [19 U.S.C. 1595a(c)](/usc/19/1595a.md?p=c).


# §12.98. Importations permitted by statutory exceptions.


The importation of switchblade knives is permitted by [15 U.S.C. 1244](/usc/15/1244.md), when:

- (a) Imported pursuant to contract with a branch of the Armed Forces of the United States;
- (b) Imported by a branch of the Armed Forces of the United States or any member or employee thereof acting in the performance of his duty; or
- (c) A switchblade knife, other than a ballistic knife, having a blade not exceeding 3 inches in length is in the possession of and is being transported on the person of an individual who has only one arm.

# §12.99. Procedures for permitted entry.

- (a) **Declaration required.** The entry of switchblade knives, the importation of which is permitted under [§ 12.98](/cfr/19/12.98.md) shall be accompanied by a declaration, or its electronic equivalent, in duplicate, of the importer or consignee stating the facts of the import transaction as follows:
  - (1) **Importation pursuant to Armed Forces contract.**
    - (i) The names of the contracting Armed Forces branch and its supplier;
    - (ii) The specific contract relied upon identified by its date, number, or other contract designation; and
    - (iii) A description of the kind or type of knife imported, the quantity entered, and the aggregate entered value of the importation.
  - (2) **Importation by a branch, member, or employee of the Armed Forces.**
    - (i) The name of the Armed Forces branch by or for the account of which entry is made or the branch of the importing member or employee acting in performance of duty; and
    - (ii) **The description, quantity, and aggregate entered value of the importation.**
  - (3) **Importation by a one-armed person.** A statement that the knife has a blade not exceeding 3 inches in length and is possessed by and transported on the declarant's person solely for his necessary personal convenience, accommodation, and use as a one-armed individual.
- (b) **Attachments to declaration.** Details for purposes of a declaration required under [paragraph (a)](#a) of this section may be furnished by reference in the declaration, or its electronic equivalent, to attachment of the original or copy of the contract, or its electronic equivalent, or other documentation which contains the information.
- (c) **Execution of declaration.** Declarations required by [paragraph (a)](#a) of this section shall be executed as follows:
  - (1) **Contract supplier; Armed Forces branch; member or employee.** Declarations made under paragraph [(a)](/cfr/19/12.98.md?p=a) or [(b)](/cfr/19/12.98.md?p=b) of § 12.98 shall affirm that facts and data furnished are declared on knowledge, information, or belief of a signing officer, partner, or authorized representative of an importing contract supplier or of a commissioned officer, contracting officer, or employee authorized to represent an Armed Forces importing branch. The signature to a declaration shall appear over the declarant's printed or typewritten name, his title or rank, and the identity of the contract supplier or Armed Forces branch he represents or in which he has membership or employment.
  - (2) **One-armed person.** Declarations made under [paragraph (c)](/cfr/19/12.98.md?p=c) of § 12.98, signed by the eligible person, shall be presented upon his arrival directly to a Customs officer who shall visually confirm the facts declared. An eligible knife shall be released only to the declarant.
- (d) **Verification of declared information.** The importer, consignee, or declarant of knives permitted entry under [§ 12.98](/cfr/19/12.98.md) upon request shall furnish Customs additional documentary evidence from an Armed Forces branch or other relevant source as Customs officers may require in order to:
  - (1) Verify declared statements;
  - (2) Resolve differences pertaining to quantity, description, value, or other discrepancy disclosed by the importation, entry, or related documentation;
  - (3) Establish the declarant's authority to act; or
  - (4) **Authenticate a signature.**

# §12.100. Importations in good faith; common or contract carriage.

- (a) **Exportation in lieu of seizure.** Upon a claim that the importer acted in good faith without knowledge of applicable laws and regulations, Customs officers may authorize detained inadmissible knives to be exported otherwise than in the mails, at no expense to the Government, under the procedures of [§§ 18.25 through 18.27](/cfr/19/18.25..18.27.md) of this chapter.
- (b) **Common or contract carriers.** In accordance with [15 U.S.C. 1244(1)](/usc/15/1244.md?p=1), excepted from the penalties of the Act are the shipping, transporting, or delivering for shipment in interstate commerce, in the ordinary course of business of common or contract carriage, of any switchblade knife. However, imported switchblade knives as defined in [§ 12.95(a)](/cfr/19/12.95.md?p=a) so shipped or transported to a port of entry or place of Customs examination are prohibited importations subject to [§§ 12.95-12.103](/cfr/19/12.95-12.103.md) and disposition as therein required, authorized, or permitted.

# §12.101. Seizure of prohibited switchblade knives.

- (a) **Importations contrary to law.** Inadmissible importations which are not exported in accordance with [§ 12.100(a)](/cfr/19/12.100.md?p=a) shall be seized under [19 U.S.C. 1595a(c)](/usc/19/1595a.md?p=c).
- (b) **Notice of seizure.** Notice of Customs seizure shall be sent or given to the importer or consignee, which shall inform him of his right to file a petition under [section 618](/cfr/19/618.md), Tariff Act of 1930, as amended ([19 U.S.C. 1618](/usc/19/1618.md)), for remission of the forfeiture and permission to export the seized switchblade knives. (See [part 171](/cfr/19/part171.md) of this chapter.)

# §12.102. Forfeiture.


If the importer or consignee fails to submit, within 60 days after being notified of his right to do so, a petition under [section 618](/cfr/19/618.md), Tariff Act of 1930, as amended ([19 U.S.C. 1618](/usc/19/1618.md)), for remission of the forfeiture and permission to export the seized importation, the seized prohibited knives shall be forfeited in accordance with applicable provisions of [sections 602 through 611](/cfr/19/602..611.md), Tariff Act of 1930, as amended ([19 U.S.C. 1602 through 1611](/usc/19/1602..1611.md)), and the procedures of [part 162](/cfr/19/part162.md) of this chapter.


# §12.103. Report to the U.S. Attorney.


Should circumstances and facts of the import transaction show evidence of deliberate violation of [15 U.S.C. 1241 through 1245](/usc/15/1241..1245.md), so as to present a question of criminal liability, the evidence, accompanied by reports of investigative disclosures, findings, and recommendation, shall be transmitted to the U.S. Attorney for consideration of criminal prosecution. The port director shall hold the seized switchblade knives intact pending disposition of the case.