TRA CO:R:IT:I 451538 TPT
Sanford B. Frank, Esq.
Playtime Products, Inc
1107 Broadway, 11th Floor
New York, NY 10010
RE: Admissibility of Toy Guns
Dear Mr. Frank:
This is in response to your request for a binding ruling
dated July 17, 1991, regarding three sample toy guns which
Playtime 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 called "The Ripper," model number 3020.
This water gun is approximately twenty (20) inches long. The
water gun is predominantly bright green. There are orange paw
designs overlaying the green. The trigger, side hand grips,
water magazine, and pump action portions are purple. "Made in
China" is imprinted on the gun just above the magazine opening.
The markings on this gun comply with the regulations.
The second sample is called "AK Centerfire," model ASST.
3021. This water gun is shaped like a machine gun and is
approximately twelve inches long and seven inches high. The
plastic magazine cartridges are black and there is a black ring
where the barrel extends from the main body of the toy gun. The
predominant color of this water gun is red with flashes of blue.
We conclude that the predominant red color is not bright;
therefore, this toy gun fails to comply with the regulations.
The last sample is the "Water Hawk," model ASST 3022. The
size of this water gun is similar to the AK Centerfire above.
The magazine cartridge is bright green. The predominant color is
blue with red diamond shaped designs on the sides. We conclude
that the predominant blue color is not sufficiently bright and
fails to comply.
3
HOLDING:
We conclude that "The Ripper" water gun sample, model 3020,
complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore,
toys which are identical to the submitted sample may be imported.
However, models ASST 3021 and ASST 3022 do not comply and are
subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15
U.S.C. 5001. 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