TRA CO:R:IT:I 451370 TPT
Ms. Marla Bank, Executive Assistant
Toymax Inc.
77-81 Spruce Street
Suite 202
Cedarhurst, NY 11516
RE: Admissibility of Toy Guns
Dear Ms. Bank:
This is in response to your request for a binding ruling
dated June 12, 1991, regarding two sample toy guns which your
firm 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 sample is the "Popball Bowling Set." The printing
on the packaging indicates that this is a product of China, made
by CharterKing (model number 3827). In the package, the toy gun
is approximately twenty-two inches in length. The butt of the
toy gun is a light purple, the thirteen and a half inch barrel is
bright orange, and two smaller parts are blue. This toy gun
fires balls about the size of ping pong balls. Because the
exterior of the gun is predominantly blue and orange, this gun
satisfies the marking requirements.
The second sample is the "Foam Power Pop Pistol." The
printed packaging indicates that this is a product of China, made
by CharterKing (model number 3003). The toy gun is approximately
seven inches long and five and a half inches in height. The toy
gun is predominantly orange, with green and yellow portions. The
gun fires balls about the size of ping pong balls. We conclude
that the exterior colors of the toy gun satisfy the marking
requirements.
3
HOLDING:
We conclude that the samples submitted comply with 15 U.S.C.
5001 and 15 C.F.R. 1150.3(d) 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