HQ 452896: Restricted Merchandise: 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 452896

                           May 5, 1992
                                


TRA CO:R:IT:I 452896 TPT

CATEGORY:  Restricted Merchandise

Sims, Waters & Associates, Inc.
2052 E. 19th Street 
Jacksonville, FL   32206

RE:  Restricted Merchandise: Toy Guns

Dear Sir:

     This is in response to your letter dated February 26, 1992,
which was forwarded to this office by Mr. Bradford Brown,
Department of the Commerce.  In your letter to the Commerce
Department you request a ruling regarding the markings on two toy
gun samples which you intend to import.  Your letter was
forwarded to this office because Commerce does not issue such
rulings to the importing public.  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 
                                2


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 marking requirements set out in the regulations do not
exempt an item based upon size.
     
     The samples are identical in style.  There is no model
number on either sample.  Under the cylinder on each sample "Made
in China" appears.  The samples are predominantly black in color. 
The differences are that one has an orange cylinder and the other
a gray cylinder.  Also, one has a white plastic handle grip and
the other is brown.  The samples are approximately five inches
long and four inches high.  The barrels are an inch long. 
Inserted into the muzzle end of the barrel are solid pieces of
orange plastic.  We conclude that the solid orange pieces in the
muzzle end are permanently affixed and cannot be readily removed.

HOLDING:

     We find that the two samples are admissible because the
orange plug is solid, permanently affixed, and is no deeper than
six millimeters from the muzzle end.

                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch