HQ 450963: Marking of toy guns. Applicability of 15 U.S.C. 5001 et seq. and 15 C.F.R. 1150.

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 450963

                           March 13, 1993
  
                         
CATEGORY:  Restricted merchandise


Eugene J. Milosh 
American Association of Exporters and Importers
11 West 42th Street 
New York, New York 10036 

RE:  Marking of toy guns.  Applicability of 15 U.S.C. 5001 
     et seq. and 15 C.F.R. 1150. 

Dear Mr. Milosh: 

     This is in response to your letter dated February 22, 1991,
which was referred to our office for response.  You requested
that imitation firearms less than three inches in length be
exempt from the requirements of the statute and regulations.

     Title 15 U.S.C. 5001 requires that toy, look-alike and
imitation firearms be marked in a manner approved by the
Secretary of Commerce.  That law and the regulations promulgated
by the Department of Commerce, 15 C.F.R. 1150, which set forth
the approved markings, apply to, among other things, items having
the general appearance, shape and/or configuration of a firearm. 
The statute and regulations currently in force provide no size
limitations.  However, title 15 U.S.C. 5001(b)(3) provides that
the Secretary of Commerce is authorized to make adjustments and
changes in the marking system after consulting with interested
persons.  

     Additionally, publications issued by the Bureau of Alcohol,
Tobacco and Firearms show authentic firearms that are remarkably
small.  Therefore, it is perhaps not so apparent that an item's
small size "clearly obviates the possibility of mistaking the
item for anything other than a toy or souvenir." 

     In the absence of a statutory amendment or the issuance of
regulations or guidelines by the Department of Commerce, Customs
must continue to make case by case determinations of the
requirements of 15 U.S.C. 5001 and 15 C.F.R. 1150.


                           Sincerely,





                           John F. Atwood, Chief, 
                           Intellectual Property Rights Branch