Restricted Merchandise: Toy Guns

HQ 452896 May 5, 1992 TRA CO:R:IT:I 452896 TPT CATEGORY: Restricted Merchandise Sims, Waters & Associates, Inc. 2052 E. 19th Street Jacksonville, FL 32206 RE: Restricted Merchandise: Toy Guns Dear Sir: This is in response to your letter dated February 26, 1992, which was forwarded to this office by Mr. Bradford Brown, Department of the Commerce. In your letter to the Commerce Department you request a ruling regarding the markings on two toy gun samples which you intend to import. Your letter was forwarded to this office because Commerce does not issue such rulings to the importing public. 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 2 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 marking requirements set out in the regulations do not exempt an item based upon size. The samples are identical in style. There is no model number on either sample. Under the cylinder on each sample "Made in China" appears. The samples are predominantly black in color. The differences are that one has an orange cylinder and the other a gray cylinder. Also, one has a white plastic handle grip and the other is brown. The samples are approximately five inches long and four inches high. The barrels are an inch long. Inserted into the muzzle end of the barrel are solid pieces of orange plastic. We conclude that the solid orange pieces in the muzzle end are permanently affixed and cannot be readily removed. HOLDING: We find that the two samples are admissible because the orange plug is solid, permanently affixed, and is no deeper than six millimeters from the muzzle end. Sincerely, John F. Atwood, Chief Intellectual Property Rights Branch