HQ 451390: 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 451390

                        September 5, 1991


TRA CO:R:IT:I 451390 TPT

CATEGORY:  Toy Guns

Mr. Craig McCarville, Vice President
Manley Toys (USA) Ltd.
Room 1505
1107 Broadway
New York, NY   10010

RE:  Admissibility of Toy Guns

Dear Mr. McCarville:

     This is in response to your request for a binding ruling
dated June 18, 1991, regarding samples of 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.
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     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 part of the Manley "Official
Police Play Equipment Vest Set," model number 880-13, made in
China.  The set includes a plastic vest, handcuffs and keys,
badge, and toy gun.  The toy gun is predominantly blue.  The
trigger and hammer are black.  Above the trigger "No. 913" is
imprinted on the gun.  The gun has an orange piece which
completely covers the muzzle end.  The piece could not be readily
removed.

     The next gun is part of the Gold Shield Series "Official
Detective Play Equipment Detective Undercover Equipment," model
number 881-01, made in China.  The set includes a toy plastic
pistol, sunglasses, binoculars, handcuffs and keys, whistle,
shoulder holster, and fingerprint paper and stamp pad.  The
plastic pistol is orange except the black trigger and hammer. 
Since the exterior color of the gun is predominantly orange, it
complies with 19 C.F.R. 1150.3(d).

     The last sample gun is part of the set described as the Gold
Shield Series "Official Detective Play Equipment," model number
885-31, made in China.  The set includes handcuffs and keys,
whistle, sunglasses, binoculars, badge, play watch, and shoulder
holster.  The toy gun in this set is identical to the one
described above in model 881-01 and, therefore, complies with the
marking requirements.









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HOLDING:

     We conclude all 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