HQ 451279: 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 451279

                         August 19, 1991


TRA CO:R:IT:I 451279 TPT

CATEGORY:  Toy Guns

Thomas C. Goldblatt, Esq.
Strombecker Corporation
600 N. Pulaski Road
Chicago, Illinois   60624-1083

RE:  Admissibility of Toy Guns

Dear Mr. Goldblatt:

     This is in response to your request for a binding ruling
dated May 21, 1991, regarding various toy guns which you intend
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.

     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 first toy gun examined is made of black plastic except
the handle.  The brown plastic handle is made to appear like it
is of wood grain with a carving of an eagle.  The cylinder is
movable in that it opens and flips out.  Also, the black portion
is covered by a raised pattern.  Toward the end of the barrel, an
identifying model number appears as MAT. 00155-1.  At the base of
the cylinder the words "by Edisons" appears.  On the opposite
side at the base of the cylinder the printing indicates "Made in
Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl."  A solid
blaze orange plug is inserted in the muzzle end of the gun.  We
have determined that it is permanent and that the orange plug
complies with the marking requirements.

     The second item is a toy gun made of plastic and metal.  The
barrel and cylinder housing are made of silver/black metal.  The
cylinder is black plastic and rotates.  The brown plastic handle
has a diamond shaped design on both sides and a horse head in an
oval shape on each side.  The handle is made to appear like it is
of wood grain.  On the barrel an identifying model number appears
as MAT. 00220-2.  Below the cylinder on one side "Made in Italy"
appears.  On the opposite side below the cylinder "Made in Italy
by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl" appears.  A
solid blaze orange plug is inserted in the muzzle end of the
barrel and is considered to be permanent and in compliance with
the marking regulations.

     The next toy gun sample is made of plastic.  The cylinder is
silver.  The plastic handle is made to appear as wood grain. 
Toward the top of the handle in a circle, on both sides, are the
letters EG in a fanciful design.  Also on both sides of the
handle there is a snake in a generally rectangular form around a
plastic black screw.  The rest of the gun is black.  The model
number on this item is MAT. 290.  Below the cylinder on one side
"Made in Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl"3
                                3


appears.  A solid blaze orange plug is inserted in the muzzle end
of the barrel.  We find that model MAT. 290 complies with the
regulations.

     Finally, we examine model MAT. 00157-1.  The model number is
at the end of the barrel.  The cylinder, which is black, and the
handle, which is made to appear as if wood grain, are made of
plastic.  The rest of the gun is black metal.  The cylinder
rotates, but does not flip open.  Below the cylinder on one side
of the gun are the words "by Edisons."  On the other side under
the cylinder "Made in Italy by Edison Giocattoli S.p.A. 50019
Sesto F.No-Fl" appears.  On the handle, one side has, in a
circle, fanciful letters EG.  The other side of the handle has a
five pointed star overlaying two circles.  Both sides of the
handle have a design which has a dot in the center, a circle
around the dot, and another design around the circle.  We
conclude that the blaze orange plug inserted in the muzzle end of
the gun complies with the marking requirements.

HOLDING:

     We conclude that the toy gun samples submitted comply with
15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which
are identical to the submitted samples may be imported.  This 
ruling does not extend to any other toy gun models or guns which
differ in any way from those presented for the purposes of this
ruling.
 
                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch