Marking of toy guns. Applicability of 15 U.S.C. 5001 et seq. and 15 C.F.R. 1150.

HQ 450963 March 13, 1993 CATEGORY: Restricted merchandise Eugene J. Milosh American Association of Exporters and Importers 11 West 42th Street New York, New York 10036 RE: Marking of toy guns. Applicability of 15 U.S.C. 5001 et seq. and 15 C.F.R. 1150. Dear Mr. Milosh: This is in response to your letter dated February 22, 1991, which was referred to our office for response. You requested that imitation firearms less than three inches in length be exempt from the requirements of the statute and regulations. Title 15 U.S.C. 5001 requires that toy, look-alike and imitation firearms be marked in a manner approved by the Secretary of Commerce. That law and the regulations promulgated by the Department of Commerce, 15 C.F.R. 1150, which set forth the approved markings, apply to, among other things, items having the general appearance, shape and/or configuration of a firearm. The statute and regulations currently in force provide no size limitations. However, title 15 U.S.C. 5001(b)(3) provides that the Secretary of Commerce is authorized to make adjustments and changes in the marking system after consulting with interested persons. Additionally, publications issued by the Bureau of Alcohol, Tobacco and Firearms show authentic firearms that are remarkably small. Therefore, it is perhaps not so apparent that an item's small size "clearly obviates the possibility of mistaking the item for anything other than a toy or souvenir." In the absence of a statutory amendment or the issuance of regulations or guidelines by the Department of Commerce, Customs must continue to make case by case determinations of the requirements of 15 U.S.C. 5001 and 15 C.F.R. 1150. Sincerely, John F. Atwood, Chief, Intellectual Property Rights Branch