TRA CO:R:IT:I 451682 TPT
District Director of Customs
423 Canal Street
New Orleans, LA 70130-2341
RE: Admissibility of Toy Guns
Dear Mr. Mish:
This is in response to a memorandum forwarding a sample toy
gun by Mr. Steve Attaya. He has requested Headquarters
assistance regarding the applicability of the new law enacted
under the Federal Energy Management Improvement Act of 1988,
which requires certain markings on all toy, imitation and look-
alike guns.
ISSUE:
Whether the sample submitted satisfies requirements of title
15, U.S.C., 5001 and title 15, C.F.R., Part 1150?
FACTS:
The sample submitted is part of a shipment imported by the
F. W. Woolworth Company. The entry number for the shipment is
004-0580065-7.
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).
This case invovles the "Big Shot 8 Shot Repeating Cap Gun,"
model number 725. The gun is red and black. The black colored
portions of the gun are the cylinder, trigger, hammer, and the
sides of the handle. The remainder of the gun is red. Inserted
into the muzzle end of the gun is an solid orange plug. Based
upon our examination of the gun, we find that it complies with
the marking requirements.
HOLDING:
We conclude that the toy gun sample submitted 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. 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