TRA CO:R:IT:I 451745 TPT
Mr. Thomas V. Yarnell
Diversified Specialists, Inc.
1913 Southwest Freeway
Houston, TX 77098
RE: Admissibility of Toy Guns
Dear Mr. Yarnell:
This is in response to your letter dated August 26, 1991,
requesting that we reconsider our determination of the
"Combat Force M-60 Machine Gun" (Model No. DSI 23021, made in
China) which we previously found not to comply with 15 U.S.C.
5001 (Customs decision HQ 451258, August 19, 1991).
ISSUE:
Whether the sample toy gun referenced above satisfies 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
samples.
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).
In your request for reconsideration you state that since
this toy gun discharges non-metallic projectiles, it need only be
marked on the exterior of the barrels and, therefore, the M-60
complies with the marking requirements.
We disagree. The "Combat Force M-60 Machine Gun" (Model No.
DSI 23021, made in China) is two guns in one. There are two
separate pieces which have a barrel and a trigger. This toy gun
can be made to look like one toy gun by fitting one piece over
the other, thus leaving only one barrel exposed. The orange
barrels on each are permanently affixed. When the toy is
disassembled so that there are two toy guns, we found that only
one gun ejects the soft plastic darts. As to the gun that shoots
the darts, the marking is sufficient. However, the other toy gun
is not a water gun, air-soft gun, light emitting gun or other
ejecting toy, and, therefore, does not comply in that it does not
have a solid orange plug which covers the muzzle end. 15 C.F.R.
1150.3(a).
HOLDING:
The "Combat Force M-60 Machine Gun," model DSI 23021 is not
admissible and if imported is subject to seizure under 19 U.S.C.
1595a(c) for a violation of 15 U.S.C. 5001.
Sincerely,
John F. Atwood, Chief
Intellectual Property Rights Branch