HQ 451380: 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 451380

                        September 5, 1991


TRA CO:R:IT:I 451380 TPT

CATEGORY:  Toy Guns

Ms. Jodi Goodman
Toys N Things
166 King's Highway North
Westport, CN   06880

RE:  Admissibility of Toy Guns

Dear Ms. Goodman:

     This is in response to your request for a binding ruling
dated June 4, 1991, regarding a toy gun 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 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 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 sample set submitted for our examination is the "Ninja
Silent Warrior Silent Arsenal Weapon Set."  The print on the
packaging indicates that the toy is made in China and is model
number 3308.  The questionable item is a toy which looks like a
pistol, but has a crossbow configuration at the muzzle end. 
Small plastic darts may be inserted in the muzzle end and a
string attaches at the back of the gun.  The gun and bow
attachment are bright orange.  Although the muzzle end has a
black piece inserted in the opening, the gun is predominantly of
bright orange and, therefore, complies with the marking
requirements.

HOLDING:

     We conclude that the toy gun sample submitted complies 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 the item presented for the purposes of this ruling.
 
                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch