HQ 453236: Restricted Merchandise: Toy Guns

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 453236

                                
                       September 13, 1992


TRA CO:R:IT:I 453236 TPT

CATEGORY:  Restricted Merchandise

Mr. Jeffrey C. Zimmerman
Larami Corporation
340 N. 12th Street
Philadelphia, PA   19107

RE:  Restricted Merchandise: Toy Guns

Dear Mr. Zimmerman:

     This is in response to your letter dated May 6, 1992,
forwarding a sample of a toy gun and requesting that this office
provide a binding ruling.    

ISSUE:

     Whether the sample submitted satisfies the marking
requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part
1150?

LAW AND ANALYSIS:

     Section 5001 (15 U.S.C. 5001) mandates that any toy, look-
alike, or imitation firearms 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.

     Part 1150 enumerates the types of markings which have been
approved by the Secretary of Commerce.  Under section 1150.3(b)
(15 C.F.R. 1150.3(b)) water guns, air-soft guns, light-emitting
guns or other ejecting toy guns must have blaze orange markings
permanently affixed to the exterior of the barrel and cover the 
circumference of the barrel from the muzzle end.  Devices made 
entirely of transparent or translucent material are also approved
if it permits unmistakable observation of the complete contents. 
15 C.F.R. 1150.3(c).  Also, if the exterior of the article is in
bright red, orange, yellow, green, or blue, singly or as the
predominant color in combination with other colors in a pattern,
the article satisfies the marking requirements. 15 C.F.R.
1150.3(d).  Finally, the marking would meet the requirements if
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the exterior surface is predominantly in white in combination
with one or more of the colors bright red, orange, yellow, green,
or blue in any pattern.  15 C.F.R. 1150.3(e).

     The submitted sample is described on the package as a Desert
Patrol Soft Dart Gun, made in China, model number 8326-0.  The
predeominant portion of the gun is in a desert camouflage color. 
The trigger mechanism is orange.  An orange plastic piece is
affixed to the exterior of the muzzle end of the barrel and
extends for a distance of at least six millimeters.  Attempts to
remove the piece on the muzzle end by hand were unsuccessful.

HOLDING:

     We conclude that the sample submitted bears markings which
satisfy 15 U.S.C. 5001 and 15 C.F.R. Part 1150.  We further find
that the orange piece affixed to the muzzle end of the toy gun is
permanent. 
 
                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch