Admissibility of Toy Guns

HQ 451394 September 5, 1991 TRA CO:R:IT:I 451394 TPT CATEGORY: Toy Guns Steven Knox, District Director of Customs Philadelphia, PA 19106 RE: Admissibility of Toy Guns Dear Mr. Knox: This is in response to a memorandum forwarding a sample of a toy gun in district case number 91-1101-00063, requesting a Headquarters opinion regarding the toy gun. The sample was forwarded by Ms. Beth Goldberg, FP&F. ISSUE: Whether the sample submitted satisfies the requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150? FACTS: The sample was seized on January 24, 1991, because it was determined to be in violation of the above referenced statute and regulatory provisions. The sample was forwarded to Headquarters to obtain our opinion as to the applicability of the marking requirements to this toy gun. 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). Initially, we find that the sample submitted does have the general shape, appearance, and/or configuration of a gun. 15 C.F.R. 1150.1. The toy gun submitted for our examination is described as a "Sound Laser Gun," model number 875, made in China. It is battery powered to make eight different sounds. The gun is metallic silver in color. A transparent plastic piece, approximately three and a half inches long, is at the end of the barrel. The gun emits light. There is no orange marking on the toy gun. Section 1150.3(b) requires that light emitting guns have a blaze orange marking permanently affixed to the exterior of the gun. This article has no such marking. HOLDING: We conclude that the toy gun sample submitted does not comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001. Sincerely, John F. Atwood, Chief Intellectual Property Rights Branch