HQ 451201: Toy Guns Dear Mr. Korn:

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 451201

                          May 20, 1991

TRA CO:R:IT:I 451201 TPT

CATEGORY:  Restricted Merchandise

Mr. Hy Korn
Keystone Novelty Company, Inc.
137-17 71st Avenue
Flushing, New York 11367-1938

RE:  Toy Guns
  
Dear Mr. Korn:

     This is in response to your letter dated May 8, 1991,
submitted with samples of small guns in holsters on key chains. 
You state that you intend to import items identical to the
samples submitted and, therefore, request that this office
provide you with a determination concerning the admissibility of
these items. 

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 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
samples.  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   
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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 they permit 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 samples involve die cast guns, all the guns are between
two and three inches in length.  They are models of a German
Luger, derringer, short barrel handgun, flint-lock pistol, and a
long barrel handgun.  All the guns have yellow paint on the
exterior surface of the muzzle end.  All the guns may be removed
from their holsters.  These articles come packed on a piece of
cardboard.  The cardboard bears a 19th century western scene and
has the words "Die-Cast Key Chain Pistols with P.V.C. Holster." 
The items are made in China.  Although the requestor states that
these are item number 3720, the packaging has no number
referenced on it.  

     We note that the Commerce Department statute and regulations
referenced above provide no size limitations.  Further, we have
found that publications issued by the Bureau of Alcohol, Tobacco,
and Firearms show authentic firearms that are remarkably small.  

     In the absence of a statutory amendment or the issuance of
regulations or guidelines by the Department of Commerce, Customs
must continue to make case by case determinations of the
requirements of the relevant statute and regulations.

     As stated above the samples bear yellow paint on the muzzle
end.  Therefore, none of the samples comply with the marking
requirements and are not admissible.  







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HOLDING:

     The samples do not bear a blaze orange plug or exterior
coloring as required under 15 U.S.C. 5001 and 15 C.F.R. Part 1150
and, therefore, are not admissible and are subject to seizure
under 19 U.S.C. 1595a(c) for a violation of section 5001.

                              Sincerely,




                              John F. Atwood, Acting Chief