HQ 452915: 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 452915

                          June 5, 1992
                                


TRA CO:R:IT:I 452915 TPT

CATEGORY:  Restricted Merchandise

Ms. Kris Lynch
Blue Box Toys Inc.
Suite 838
200 Fifth Avenue   
New York, NY   10010

RE:  Restricted Merchandise: Toy Guns

Dear Ms. Lynch:

     This is in response to your letter requesting a binding
ruling on two sample toy water guns which Blue Box intends to
import.  Although this office has received and responded to brief
requests 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
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).

     Both samples are described as "The Drenchers," battery
powered Striker 2.5, model number 34056, made in China.  The
samples are eleven inches high and nine inches long.  One sample
is predominantly pink in color and the other is green.  Both have
a protruding plastic piece at the muzzle end of the barrel which
is about three quarters of an inch long and is orange in color
and cannot be removed.  

HOLDING:

     We find that these samples comply with the marking
requirements and are admissible.  

                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch