HQ 452497: 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 452497

                        February 27, 1992



TRA CO:R:IT:I 452497 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 January 3, 1992,
forwarding two samples of water guns and requesting that this
office provide a binding ruling.

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
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.
                                2


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 orange with green specks on
both sides.  The ammo clip part which holds the water and the
trigger, and the muzzle end piece are purple.  Since the
predominant part of the exterior is bright orange, we conclude
that this article complies with section 1150.3(d).

     The second sample is also a "Drencher" motorized continuous
water gun which makes four electronic sounds (also designated as
the MP-12).  The item model number is 34048 and is made in China.
This sample is fifteen inches long and has two handle grips, one
in the back and one near the muzzle end.  On one side it has a
lever to simulate the automatic/semi-automatic selection switch.
The predominant color is bright green with streaks of purple.
The ammo clip part which holds the water is blue.  The trigger
and the plastic part covering the muzzle end are orange.  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