Admissibility of Toy Guns

HQ 451372 September 5, 1991 TRA CO:R:IT:I 451372 TPT CATEGORY: Toy Guns John B. Brew, Esq. Donohue & Donohue The Bank Building, 5th Floor 421 Chestnut Street Philadelphia, PA 19106 RE: Admissibility of Toy Guns Dear Mr. Brew: This is in response to your request for a binding ruling dated June 14, 1991, regarding two sample toy guns 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. 2 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 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 first toy gun is the "Operation: Desert Patrol Electronic Gun M-16." The box indicates that it is a product of Larami Corporation and is made in China, model number 8335-0. The gun itself has "Larami" imprinted into it. The gun is desert camouflage in color (beige, brown, and black). The plastic piece at the end of the barrel is attached with a screw and cannot be readily removed. Because the orange piece is approximately one and a half inches in length, the gun complies with the marking requirements. The second toy gun is the "Operation: Desert Patrol Electronic Gun 9 MM Automatic," model number 8336-0. This gun is also a product of Larami Corporation and is made in Macau. "Larami" is imprinted into the side of the gun. This gun is also desert camouflage in color (beige, brown, and black). An orange plastic piece is attached to the muzzle end of the barrel. The orange "plug" cannot be readily moved by hand. We conclude that the orange plug is permanently affixed and the color complies with the marking requirement. 3 HOLDING: We conclude that the toy gun samples submitted comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to the submitted samples 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