TRA CO:R:IT:I 451368 TPT
Mr. Mark Goldstein, Vice President
401 Covert Court
Neshanic Station, NJ 08853
RE: Admissibility of Toy Guns
Dear Mr Goldstein:
This is in response to your request for a binding ruling
dated June 6, 1991, regarding samples of toy guns which you
intend 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.
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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 sample is the "Redbox Special Secret Agent Set,"
model number 24106 (on the back of the box the model number is
24106S). The carrying case includes plastic handcuffs, two
badges, a key ring, passport, compass, two small hand grenades, a
telescope for the pistol, a shoulder support for the pistol,
camera, a silencer, toy walkie-talkie, .45 pistol, and a smaller
pistol that looks like a .45. In the set, one .45 pistol is five
inches in length and four inches in height. It is completely red
in color and is made of plastic. The other .45 pistol is two
inches in length and an inch and a half in height, but is
completely black. Because this set includes an item which does
not comply with the statute and regulation, model 24106 or 24106S
is not admissible.
The next sample set is the "Redbox Special Secret Agent
Set," model number 24107. This set includes a passport, bullets,
handcuffs, two badges, key chain, pistol telescope, a .45 pistol,
a silencer, compass, camera, binoculars, shoulder strap, and a
machine gun. Because both the machine gun and the .45 pistol are
completely red in color, they comply with the marking requirement
and may be admitted.
HOLDING:
We conclude that the set designated as model 24106 (24106S)
is subject to seizure pursuant to 19 U.S.C. 1595a(c) for a
violation of 15 U.S.C. 5001 because the small plastic gun is not
marked as required. The toy gun samples submitted in the set
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designated 24107 comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3
and, therefore, toys which are identical to these 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