Admissibility of Toy Guns

HQ 452281 February 7, 1992 TRA CO:R:IT:I 452281 TPT CATEGORY: Restricted Merchandise Mr. Larry Stern Blue Box Toys, Inc. Suite 838 200 Fifth Avenue New York, NY 10010 RE: Admissibility of Toy Guns Dear Mr. Stern: This is in response to your letter dated November 25, 1991, forwarding two samples of toy guns and requesting that this office provide a binding ruling. Although this office has received and responded to such requests in the past based upon a short request 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 samples submitted satisfy 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 2 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 sample is "The Drencher" motorized continuous water gun. The packaging indicates that the item is made in China (Model No. 34024). This water gun is approximately a foot long. When the part simulating an ammo clip is inserted into the water gun the gun is approximately ten and a half inches high. The main body of the water gun is lime green with black streaks. The ammo clip part which holds the water and the trigger are blue. Since the predominant part of the exterior is lime green (bright green) we conclude that this article complies with section 1150.3(d). The second sample is also a "Drencher" motorized continuous water gun. The item model number is 34024 and is made in China. This sample has the same dimensions as the sample discussed above. The predominant color is chartreuse (a bright yellow green) with streaks of blue. The ammo clip part which holds the water and the trigger are pink. We conclude that this sample complies with section 1150.3(d). HOLDING: We conclude that the samples submitted comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, water guns 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 Enclosure