HQ 452795: 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 452795

                                
                           May 5, 1992


TRA CO:R:IT:I 452795 TPT

CATEGORY:  Restricted Merchandise

Mr. Bruce Bennett
S.R.M. Company, Inc.
Suite 514 Fox Pavilionnue
Jenkintown, PA   19046

RE:  Restricted Merchandise: Toy Guns

Dear Mr. Bennett:

     This is in response to your letter dated February 27, 1992,
forwarding a sample toy gun 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
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
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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 sample is approximately three and a half inches in
length and two inches high.  It is described on the packaging as
an Electronic Mini Machine, model 1998, made in China.  The color
of the sample is metallic silver.  It emits light.  The barrel
has no marking.  This item does not comply because it does not
have a permanently affixed, blaze orange marking on the exterior
surface of the barrel extending six millimeters from the muzzle
end.

HOLDING:  

     We hold that this sample or any item identical to this
sample is subject to seizure under 19 U.S.C. 1595a(c) for a
violation of 15 U.S.C. 5001 and 15 C.F.R. 1150.

                              Sincerely,



                              John F. Atwood, Chief
                              Intellectual Property Rights Branch