HQ 451163: Admissibility of Colt 45 look-alike handgun and a "Derringer(Piezo)" derringer lighter

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 451163

                           May 1, 1991

TRA CO:R:IT:I 451163 TPT

CATEGORY:  Restricted Merchandise

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

RE:  Admissibility of Colt 45 look-alike handgun and a "Derringer
(Piezo)" derringer lighter

Dear Mr. Caddell:

     This is in response to your letters dated April 22, 1991,
requesting a decision on the admissibility of a metal Colt 45
look-alike handgun and a derringer styled lighter.  We note that
these articles have been the subject of prior rulings from this
office (the Colt 45 in the February 11, 1991 letter, 450684; the
Derringer Piezo in the April 16, 1991 letter, 451098).

ISSUE:
     
     Whether the submitted samples comply 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.  Alternatively, if the
device emits light or ejects objects from an opening at the end
of the barrel, a blaze orange marking must be permanently affixed
to the exterior surface of the barrel, covering the circumference
                              2


of the barrel from the muzzle end for a depth of at least six (6)
millimeters.  15 C.F.R. 1150.3(b).  
     
     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.  

     Turning to the muzzle end of the gun, we see that it 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 scraped off.  Therefore, we
find that the Colt 45 look-alike does not comply with the marking
regulations.

     The pistol lighter is approximately three and a half inches
in length and is predominantly of a darkened bronze and brown
surface color.  It is a derringer style pistol.  The handle grip
portion is covered by a black plastic piece.  The sides of the
derringer from the top of the handle grip and extending about
half the distance toward the barrel end is covered with an
ornamental design.   

     The muzzle end of the pistol is described as having a blaze
orange piece attached to the barrel.  First, we conclude that the
blaze orange piece does not comply since it does not extend for a
depth of six millimeters.  Additionally, although the pieces are
attached to the muzzle end and cannot be readily removed, we do
find that the coloring can be readily scraped off of the surface. 
Therefore, we conclude that the derringer style lighter does not
comply with the marking requirements of 15 C.F.R. Part 1150.

HOLDING:

     We conclude that the sample Colt 45 look-alike pistol,
intended to be a lighter, and the Derringer (Piezo) style lighter
do not comply with 15 U.S.C. 5001 and 15 C.F.R. Part 1150 because
they do not have a permanently affixed blaze orange plug.  This
ruling does not extend to any article other than those described
above.                   
     
                              Sincerely, 




                              John F. Atwood, Acting Chief
                              Intellectual Property Rights Branch