HQ 450970: Admissibility of 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 450970

                         March 15, 1991


RES CO:R:IT:I 450970 TPT

CATEGORY:  Toy Guns

Duncan A. Nixon, Esq.
Sharretts Paley Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C. 20036

RE:  Admissibility of Toy Guns

Dear Mr. Nixon:

     This is in response to your request for a binding ruling
dated March 13, 1991, regarding toy guns which your client
intends to import into the commerce of the United States.  We
understand that you 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 samples submitted satisfy 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 samples.  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
importations of articles which are identical to the submitted
sample.  This ruling is not applicable to imported items which
are not identical to the items described below. 

     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.

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     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
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 first sample is described on the packaging as a
"Surefire Air-Powered Target Shooter with Safety Soft Darts." 
The toy is made in China for Charter King, model number 3835. 
The sample toy is black with some certain orange colored parts. 
The orange colored parts are the sight on top which can be
positioned upright or flat, the trigger, the base of the hand
grip, and the barrel.  Because this toy shoots darts, a separate
orange colored movable piece constitutes the muzzle end of the
barrel.  This movable piece is approximately two and a half
inches long.  A dart is placed in the barrel.  Since this is an
ejecting toy it is required to be blaze orange on the exterior
surface from the muzzle end of the barrel, covering the
circumference for a depth of six millimeters.

     We conclude that the Surefire Air-Powered Target Shooter,
model 3835, as described above, complies with the marking
requirements and may be admitted.

     We have also received a military playset described as
"Military Gear Weapon Accessories Playset."  The toy is made in
China for Charter King, model number 3535.  The playset includes
a toy rifle, scope, compass, survival knife, identification tags,
toy grenades, walkie talkie, and a toy pistol.

     The rifle in the playset is described as a "M17 Rifle."  The
rifle is approximately twenty-two inches long and is camouflage
colored.  The muzzle end of the barrel is orange and it covers
the muzzle end.  The muzzle end flash suppressor portion of the
barrel is orange.  Looking down the barrel, the muzzle end is
orange.  

     Packaged together with the rifle in the playset is a pistol. 
The pistol is olive green in color except for the muzzle end of
the pistol.  The exterior of the muzzle end of the barrel is     
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reddish in color.  The toy pistol is not an ejecting toy. 
Looking down the barrel, the exterior of the pistol is reddish in
color, but does not have an orange blaze plug.  The pistol lacks
the requisite permanently affixed orange blaze plug required by
law.  Therefore, the pistol is determined not to comply.

HOLDING:  

     We find that the Surefire Air-Powered Target Shooter
complies with the marking requirements in Part 1150 of the
Commerce Regulations (15 C.F.R. Part 1150).  Concerning the
Military Gear Weapon Accessories Playset, model number 3535, we
find it inadmissible and subject to seizure.  Although the toy
M17 rifle described above complies with the regulation, the toy
pistol does not comply because it does not have a permanently
affixed blaze orange plug.  Since the rifle and the pistol are
packaged together in the playset, the the complete playset is
subject to seizure under title 19, United States Code, section
1595a(c), for a violation of title 15, United States Code,
section 5001.

                              Sincerely,



                              Barry P. Miller, Acting Chief