HQ 451267: 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 451267

                         August 19, 1991

RES CO:R:IT:I 451267 TPT

CATEGORY:  Toy Guns

Mr. Solomon Weber, President
All-Ways Forwarding Co., Inc.
Port Elizabeth Plaza
1201 Corbin Street
Elizabeth, NJ   07201

RE:  Admissibility of Toy Guns

Dear Mr. Weber:

     This is in response to your request for a binding ruling
dated May 22, 1991, regarding a sample toy gun which your client
intends to import into the commerce of the United States.  We
understand that you wish to obtain a ruling as to the
applicability of the new law enacted under the Federal Energy
Management Improvement Act of 1988.

ISSUE:

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

LAW AND ANALYSIS:

     The instant matter is being considered under Part 177 of the
Customs Regulations (19 C.F.R. 177.1(a)(1)), which relates to a
prospective transaction (importation) concerning articles
identical to the submitted samples.  A ruling issued in response
to a request for a ruling under Part 177 of the Customs
Regulations reflects Customs' official position as to the
specific question presented regarding the prospective transaction
and is binding on all Customs personnel.  19 C.F.R. 177.9. 
Therefore, this ruling is qualified in that it applies to
importations of articles which are identical to the submitted
sample.

     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  
                              2


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.
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 sample toy gun is made in Taiwan.  In raised letters the
word "ROARGUN" appears on the sample.  On one side of the toy
there are three black, round controls that may be turned.  The
sample is otherwise metallic silver in color.  A blaze orange
plastic piece protrudes out of the muzzle end of the barrel.  The
toy is made to be operated with a battery and to emit light. 
Because it is a light emitting toy and the blaze orange is
affixed to the exterior for a depth of six millimeters, it is
determined to meet the marking regulations.

HOLDING:

     We conclude that the toy gun sample submitted complies with
15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which
are identical to the submitted sample 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