HQ 452817: 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 452817

                          May 13, 1992
                                


TRA CO:R:IT:I 452817 TPT

CATEGORY:  Restricted Merchandise

Ms. Theresa Fabiano
Toy Max, Inc. 
Suite 202
77-81 Spruce Street
Cedarhurst, NY   11516

RE:  Restricted Merchandise: Toy Guns

Dear Ms. Fabiano:

     This is in response to your letter dated February 28, 1992,
requesting a binding ruling on a sample toy gun which Toy Max
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 sample submitted satisfies 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).

     The sample submitted for a ruling is the "Pop Bozooka,"
model number 3001, made in China by Charter King.  The main part
of the toy bazooka is predominantly bright orange with a movable
black piece.  There are two attachments which may be connected to
the main part.  One attachment piece is bright yellow and the
other is translucent except at the ends which are yellow. 
Because this item is complies with section 1150.3(d), it is
admissible.

HOLDING:  

     We find that the Pop Bozooka complies with the marking
regulations and may be imported.  This ruling applies to items
identical to the sample described above.

                              Sincerely,




                              John F. Atwood, Chief
                              Intellectual Property Rights Branch