HQ 451098: Admissibility of Angel Mascot Pistol 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 451098

                         April 16, 1991


RES CO:R:IT:I 451098 TPT

CATEGORY: Restricted Merchandise 

Jim Cadell
Sidelines International
3990 Grape Street
Denver, Colorado   80207

RE:  Admissibility of Angel Mascot Pistol Lighter

Dear Mr. Caddell:

     This is in response to your request for a ruling dated April
11, 1991, regarding an Angel Mascot Pistol Lighter (the box also
describes the lighter as a Nesor Piezo Electric Gas Lighter).  We
understand that you intend to import this product into the
commerce of the United States.  

ISSUE:

     Whether the sample submitted 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
articles which are identical to the submitted sample.

     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.




                              2


     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 pistol lighter is approximately three and a half inches
in length and is predominantly of a shiny brass surface color. 
It is a derringer styled pistol.  The handle grip is covered by 
a white pearl white plastic piece. 

     The muzzle end of the pistol is described as having a blaze
orange piece attached to the barrel.  The blaze orange is said to
be baked on and held onto the muzzle end by a strong glue.

     Upon examination of the attached piece on the muzzle end, we
conclude that it does not comply.  The attached blaze orange
piece is not permanently affixed.  The piece fell off when
subjected to finger pressure.

HOLDING:

     We conclude that the sample Angel Mascot Pistol Lighter does
not comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 because it
does not have a permanently affixed blaze orange plug.  This
ruling does not extend to any other article.                     

                              Sincerely,




                              John F. Atwood, Acting Chief