HQ 451372: 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 451372

                        September 5, 1991


TRA CO:R:IT:I 451372 TPT

CATEGORY:  Toy Guns

John B. Brew, Esq.   
Donohue & Donohue
The Bank Building, 5th Floor
421 Chestnut Street
Philadelphia, PA   19106

RE:  Admissibility of Toy Guns

Dear Mr. Brew:

     This is in response to your request for a binding ruling
dated June 14, 1991, regarding two sample 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.

     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 is the "Operation: Desert Patrol
Electronic Gun M-16."  The box indicates that it is a product of
Larami Corporation and is made in China, model number 8335-0. 
The gun itself has "Larami" imprinted into it.  The gun is desert
camouflage in color (beige, brown, and black).  The plastic piece
at the end of the barrel is attached with a screw and cannot be
readily removed.  Because the orange piece is approximately one
and a half inches in length, the gun complies with the marking
requirements.

     The second toy gun is the "Operation: Desert Patrol
Electronic Gun 9 MM Automatic," model number 8336-0.  This gun is
also a product of Larami Corporation and is made in Macau. 
"Larami" is imprinted into the side of the gun.  This gun is also
desert camouflage in color (beige, brown, and black).  An orange
plastic piece is attached to the muzzle end of the barrel.  The
orange "plug" cannot be readily moved by hand.  We conclude that
the orange plug is permanently affixed and the color complies
with the marking requirement.















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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 toy guns which differ in any way
from those presented for the purposes of this ruling.
 
                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch