HQ 450684: Admissibility of Colt 45 look-alike handgun

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 450684

                        February 11, 1991

TRA CO:R:IT:I 450684 TPT

CATEGORY:  Restricted Merchandise

Mr. Jim Caddell
Side Lines International
3990 Grape Street
Denver, Colorado 80207

RE:  Admissibility of Colt 45 look-alike handgun

Dear Mr. Caddell:

     This is in response to your submission requesting a decision
on the admissibility of a metal Colt 45 look-alike handgun.

ISSUE:
     
     Whether the submitted sample complies with the marking
requirements of Title 15, United States Code, Section 5001, and
Title 15, Code of Federal Regulations, Part 1150, governing
acceptable markings on toy, imitation, and look-alike firearms

LAW AND ANALYSIS:

     The instant matter is being considered under Part 177 of the
Customs Regulations (19 C.F.R. 177.1(a)(1)), which relates to a
prospective transaction (importation) concerning articles
identical to the submitted sample.  A ruling issued in response
to a request for a ruling under Part 177 of the Customs
Regulations reflects Customs' official position as to the
specific question presented regarding the prospective transaction
and is binding on all Customs personnel.  19 C.F.R. 177.9.  

     Section 5001 (15 U.S.C. 5001) mandates that any look-alike
or imitation firearm shall have a permanently affixed blaze
orange plug inserted in the barrel of such an imported article
and recessed no more than six (6) millimeters from the muzzle end
of the barrel.  See 15 C.F.R. Part 1150.  
     
     The submitted sample Colt 45 look-alike is made of metal. 
On the top of the gun there is an opening about one and one-half
inches in length.  Looking into the hole, it reveals a hollow
gun.  The bottom of the handgrip is covered by a piece of felt
material.  


                              2


     Turning to the muzzle end of the gun, we see that what is
considered to be the muzzle end of the gun juts out from the
barrel approximately three-eighths of an inch.  This part is
covered with blaze orange.  However, despite the proper color, it
is not permanently affixed in that the material used to color the
muzzle end may be readily removed.  Checking the coloring we note
that it can be peeled off without the use of any tools.

HOLDING:

     We find that the submitted sample fails to comply with 15
U.S.C. 5001 and 15 C.F.R. Part 1150.  The blaze orange found on
the muzzle end of the gun is not permanently affixed in that it
can be readily peeled off.  Therefore, importations of
merchandise similar to the sample will be subject to seizure.

                              Sincerely, 




                              John F. Atwood, Acting Chief