HQ 451311: 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 451311

                          July 2, 1991

TRA CO:R:IT:I 451311 TPT

CATEGORY:  Restricted Merchandise

Mr. Thomas C. Goldblatt
Strombecker Corporation
600 N. Pulaski Rd.
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 30, 1991, regarding toy guns which you intend to import
into the commerce of the United States. 

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, imitations, and look-alike firearms

LAW AND ANALYSIS:

     The instant matter is being considered under Part 177 of the
Customs Regulation (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

     Section 5001 (15 U.S.C. 5001) mandates that any look-alike
or imitation firearm 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.

     Part 1150 enumerates the type 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
                              2


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).

       We turn first to the Cap Blaster 8 Shot Lynx Revolver,
identified as #7711.  The Cap Blaster 8 Shot Lynx Revolver is
basically a plastic, purple handgun, with a yellow, metal
cylinder.  The overall length of the toy gun is approximately
four inches and the overall height is approximately three inches. 
Since the Cap Blaster 8 Shot Lynx Revolver contains a permanently
affixed orange plug in the end of the barrel, this handgun
complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a).  

     Next, we examine the Cap Blaster 12 Shot Jackal Revolver,
identified as #7755.  The Cap Blaster 12 Shot Jackal Revolver is
basically a red, plastic handgun with a blue, metal cylinder. 
The handgun is approximately four inches in length and three
inches in height.  Since the Cap Blaster 12 Shot Jackal Revolver
contains a permanently affixed orange plug in the end of the
barrel and has a bright red color, this handgun complies with 15
U.S.C. 5001 and 15 C.F.R. 1150.3(a).

     Third, we turn to the Cap Blaster 12 Shot Enforcer Revolver,
identified as #7756.  The Cap Blaster 12 Shot Enforcer Revolver
is a plastic handgun with a yellow handle, a blue cylinder
housing, a green metal cylinder, and an orange silencer.  The
handgun is approxiamtely six inches in length and three inches in
height.  In the muzzle end of the one inch barrel, there is an
orange plug permanently affixed in the barrel.  A separate piece
is made to fit over the barrel to simulate a silencer.  This
separate piece is orange and is open ended.  Since the Cap
Blaster 12 Shot Enforcer has a permanently affixed orange plug in
the end of the barrel and because the separate piece is also
orange, we conclude that this gun complies with 15 U.S.C. 5001
and 15 C.F.R. 1150(a).

     Next, we examine the Cap Blaster Marksman Pistol, identified
as #7759.  The Cap Blaster Marksman Pistol is a bright, lime
green plastic handgun with two yellow side panels on the handle. 
On the bottom of the handle, the pistol has a removable, orange,
storage container for caps.  The pistol is approximately seven
inches in length and four inches in height.  Since the Cap
Blaster Marksman Pistol contains a permanently affixed orange
piece in the end of the barrel and because it is of a bright
green and yellow color, it complies with 15 U.S.C. 5001 and 15
C.F.R. 1150.3(a) and (d).
                              3


     Finally, we turn to the Cap Blaster Tec 9 Pistol, identified
as #7762.  This pistol a plastic, purple handgun with a removable
lime-green storage container for caps.  The handgun is
approximately eight inches in length and four inches in height. 
An orange piece covers the end of the barrel.  Since this handgun
does have a permanently affixed orange plug inside of the barrel,
it complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a).

HOLDING:

     We find that the Cap Blaster 8 Shot Lynx Revolver, #7711,
Cap Blaster 12 Shot Revolver, #7755, Cap Blaster 12 Shot Enforcer
Revolver, #7756, Cap Blaster Marksman Pistol, #7759, and Cap
Blaster Tec 9 Pistol, #7762 comply with 15 U.S.C. 5001 and 15
C.F.R. 1150 and may be entered.  

                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch