HQ 452281: 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 452281

                        February 7, 1992



TRA CO:R:IT:I 452281 TPT

CATEGORY:  Restricted Merchandise

Mr. Larry Stern
Blue Box Toys, Inc.
Suite 838
200 Fifth Avenue
New York, NY   10010

RE:  Admissibility of Toy Guns

Dear Mr. Stern:

     This is in response to your letter dated November 25, 1991,
forwarding two samples of toy guns and requesting that this
office provide a binding ruling.  Although this office has
received and responded to such requests in the past based upon a
short request such as the one you submitted, we will require that
future requests comply with and include the information outlined
in Part 177 of the Customs Regulations (enclosed).  

ISSUE:

     Whether the samples submitted satisfy the marking
requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part
1150?

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

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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 sample is "The Drencher" motorized continuous
water gun.  The packaging indicates that the item is made in
China (Model No. 34024).  This water gun is approximately a foot
long.  When the part simulating an ammo clip is inserted into the
water gun the gun is approximately ten and a half inches high. 
The main body of the water gun is lime green with black streaks. 
The ammo clip part which holds the water and the trigger are
blue.  Since the predominant part of the exterior is lime green
(bright green) we conclude that this article complies with
section 1150.3(d).

     The second sample is also a "Drencher" motorized continuous
water gun.  The item model number is 34024 and is made in China. 
This sample has the same dimensions as the sample discussed
above.  The predominant color is chartreuse (a bright yellow
green) with streaks of blue.  The ammo clip part which holds the
water and the trigger are pink.  We conclude that this sample
complies with section 1150.3(d).     

HOLDING:

     We conclude that the samples submitted comply with 15 U.S.C.
5001 and 15 C.F.R. 1150.3 and, therefore, water guns 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

Enclosure