HQ 451394: 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 451394

                        September 5, 1991


TRA CO:R:IT:I 451394 TPT

CATEGORY:  Toy Guns

Steven Knox, District Director of Customs
Philadelphia, PA 19106

RE:  Admissibility of Toy Guns

Dear Mr. Knox:

     This is in response to a memorandum forwarding a sample of a
toy gun in district case number 91-1101-00063, requesting a
Headquarters opinion regarding the toy gun.  The sample was
forwarded by Ms. Beth Goldberg, FP&F.

ISSUE:

     Whether the sample submitted satisfies the requirements of
title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150?

FACTS:

     The sample was seized on January 24, 1991, because it was
determined to be in violation of the above referenced statute and
regulatory provisions.  The sample was forwarded to Headquarters
to obtain our opinion as to the applicability of the marking
requirements to this toy gun.

LAW AND ANALYSIS:

     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.

     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. 
                                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).

     Initially, we find that the sample submitted does have the
general shape, appearance, and/or configuration of a gun.  15
C.F.R. 1150.1.  The toy gun submitted for our examination is
described as a "Sound Laser Gun," model number 875, made in
China.  It is battery powered to make eight different sounds. 
The gun is metallic silver in color.  A transparent plastic
piece, approximately three and a half inches long, is at the end
of the barrel.  The gun emits light.  There is no orange marking
on the toy gun.  Section 1150.3(b) requires that light emitting
guns have a blaze orange marking permanently affixed to the
exterior of the gun.  This article has no such marking.

HOLDING:

     We conclude that the toy gun sample submitted does not
comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore,
is subject to seizure under 19 U.S.C. 1595a(c) for a violation of
15 U.S.C. 5001.
 
                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch