TRA CO:R:IT:I 451473 TPT
Mr. Larry Stern, Vice President
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 request for a binding ruling
dated July 1, 1991, regarding sample 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.
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 toy gun is "The Drenchers," model MP-50, thirteen
inches in length and nine inches in height (Blue Box Toys). This
is a water gun. It is primarily orange in color with streaks of
green on each side. The part simulating the ammunition magazine
cartridge is purple. The muzzle end of The Drencher is blaze
orange. The blaze orange piece over the end of the muzzle has a
tiny hole for the water to squirt out. The blaze orange piece
cannot be pulled or twisted by hand from the rest of the toy.
Therefore, we conclude that The Drencher satisfies section
1150.3(d).
The next toy gun is "The Drenchers," model M-16, twenty-six
and a half inches long (Blue Box Toys). The butt portion of the
gun is blue and pink, the rear sight, handle, and hand guard
portions are green and pink, the trigger is yellow, and the part
simulating the ammunition magazine orange, and the front sight
and barrel are blue. Because this toy gun is a water gun, it
must have a blaze orange marking that covers the exterior surface
for a distance of at least six millimeters. We conclude that the
marking is permanent and meets the marking requirements.
3
HOLDING:
We conclude that the toy gun samples submitted comply with
15 U.S.C. 5001 and 15 C.F.R. 1150.3 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