Admissibility of Colt 45 look-alike handgun and a "Derringer(Piezo)" derringer lighter

HQ 451163 May 1, 1991 TRA CO:R:IT:I 451163 TPT CATEGORY: Restricted Merchandise Mr. Jim Caddell Side Lines International 3990 Grape Street Denver, Colorado 80207 RE: Admissibility of Colt 45 look-alike handgun and a "Derringer (Piezo)" derringer lighter Dear Mr. Caddell: This is in response to your letters dated April 22, 1991, requesting a decision on the admissibility of a metal Colt 45 look-alike handgun and a derringer styled lighter. We note that these articles have been the subject of prior rulings from this office (the Colt 45 in the February 11, 1991 letter, 450684; the Derringer Piezo in the April 16, 1991 letter, 451098). ISSUE: Whether the submitted samples comply with the marking requirements of Title 15, United States Code, Section 5001, and Title 15, Code of Federal Regulations, Part 1150, governing acceptable markings on toy, imitation, and look-alike firearms. 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 sample. 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. Section 5001 (15 U.S.C. 5001) mandates that any look-alike or imitation firearm 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. Alternatively, if the device emits light or ejects objects from an opening at the end of the barrel, a blaze orange marking must be permanently affixed to the exterior surface of the barrel, covering the circumference 2 of the barrel from the muzzle end for a depth of at least six (6) millimeters. 15 C.F.R. 1150.3(b). The submitted sample Colt 45 look-alike is made of metal. On the top of the gun there is an opening about one and one-half inches in length. Looking into the hole, it reveals a hollow gun. The bottom of the handgrip is covered by a piece of felt material. Turning to the muzzle end of the gun, we see that it juts out from the barrel approximately three-eighths of an inch. This part is covered with blaze orange. However, despite the proper color, it is not permanently affixed in that the material used to color the muzzle end may be readily scraped off. Therefore, we find that the Colt 45 look-alike does not comply with the marking regulations. The pistol lighter is approximately three and a half inches in length and is predominantly of a darkened bronze and brown surface color. It is a derringer style pistol. The handle grip portion is covered by a black plastic piece. The sides of the derringer from the top of the handle grip and extending about half the distance toward the barrel end is covered with an ornamental design. The muzzle end of the pistol is described as having a blaze orange piece attached to the barrel. First, we conclude that the blaze orange piece does not comply since it does not extend for a depth of six millimeters. Additionally, although the pieces are attached to the muzzle end and cannot be readily removed, we do find that the coloring can be readily scraped off of the surface. Therefore, we conclude that the derringer style lighter does not comply with the marking requirements of 15 C.F.R. Part 1150. HOLDING: We conclude that the sample Colt 45 look-alike pistol, intended to be a lighter, and the Derringer (Piezo) style lighter do not comply with 15 U.S.C. 5001 and 15 C.F.R. Part 1150 because they do not have a permanently affixed blaze orange plug. This ruling does not extend to any article other than those described above. Sincerely, John F. Atwood, Acting Chief Intellectual Property Rights Branch