HQ 450641: Admissibility of a Gun Replica (MGC-M16/CP)

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 450641

                        January 28, 1991
RES CO:R:IT:I 450641 TPT

CATEGORY:  Toy Guns, Replicas

Mr. Robert J. Schott
Air Schott
P.O. Box 17373
Washington, D.C. 20041

RE:  Admissibility of a Gun Replica (MGC-M16/CP)

Dear Mr. Schott:

     This is in response to your request for a binding ruling
dated October 24, 1990.  We understand that you intend to import
replica model M-16 firearms into the United States and wish to
obtain a ruling as to the applicability of the new law enacted
under the Federal Energy Management Improvement Act of 1988.

ISSUE:

     Whether the sample M-16, having a blaze orange plug inserted
in the barrel, satisfies the requirements of title 15, U.S.C.,
5001 and title 15, C.F.R., Part 1150?

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. 
Therefore, this ruling is qualified in that it applies to
imported M-16 look-alike firearms which are identical to the
submitted sample.

     Section 5001 (15 U.S.C. 5001) mandates that any 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.  

     The submitted sample, a MGC-M16/CP rifle, is an imitation
firearm of an M-16.  The sample is an all black plastic and metal
                              2


replica and has a blaze orange plug in the muzzle end.  

     The plug is recessed five (5) millimeters into the muzzle
end.  The plug covers the muzzle end of the device.  The plug
cannot be dislodged by hand pressure.  Also, the blaze orange
coloring cannot be rubbed off by hand.  However, we note that the
blaze orange coloration can be scraped from the gun.
  
HOLDING:

     The sample M-16 look-alike firearm is not admissible.  The
sample device, although having a plug in the muzzle end, does not
comply with 15 U.S.C. 5001 and 15 C.F.R. Part 1150 because the
blaze orange plug is not "permanently affixed" in that the paint
can be scraped from the gun.  Therefore, the MGC-M16/CP will not
be admissible because it fails to comply.

                              Sincerely,




                              John F. Atwood, Acting Chief
                              Intellectual Property Rights Branch