HQ 0450647 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 450647

January 30, 1991

RES CO:R:IT:I 450647 TPT

CATEGORY: TOY GUNS

Duncan A. Nixon, Esq.
Sharretts Paley Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C. 20036

RE: Admissibility of Toy Guns

Dear Mr. Nixon:

This is in response to your request for a binding ruling dated December 3, 1990, regarding various models of toy guns which your client 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.

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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).

(1) First, we examine the toy gun described as the American Adventure Survival Gun (K Mart Style No. 04-44-08). The toy gun is made of plastic. It is primarily blue in color. There are two orange pieces attached to the gun. One orange piece is positioned on the top of the gun as the rear sight. This piece is approximately a half inch high and three-quarters inch in diameter. The other orange piece is approximately three inches in height and is attached to the muzzle end of the barrel. The top portion of the piece is round and hollow imitating a sight. The rest of this end piece is solid. The barrel portion of the piece extends out approximately an inch and a half (bright orange) and is solid at the muzzle end. Therefore, we conclude that this particular toy gun complies with the law and regulations.

(2) A sample of The Drencher (Blue Box Toys, K Mart Style No. 04-43-70) has also been submitted. This is a water gun. It is primarily bright green in color with streaks of black along the sides. The ammunition magazine cartridge is blue as well as the trigger, and both end pieces.

The muzzle end of The Drencher is blue. This blue piece is approximately an inch and a half in diameter with a tiny hole in the center and fits on the end so that the blue piece makes up the last half inch of the exterior of the barrel on the muzzle end and is visible from the front and sides. It cannot be pulled or twisted by hand from the rest of the toy. Therefore, we conclude that The Drencher satisfies section 1150.3(d).

(3) Next, we have examined a sample of the Watermatic Hi-Power Squirter (True Action Toys). This toy is shaped much like brass knuckles in that it fits in the palm of the hand and has loops for one's fingers to fit through. It is made of bright green plastic. A black colored stem-like button protrudes from the 3
main piece and would press against the palm of the hand. The "barrel" does not extend out in the usual fashion. The muzzle "end" of the barrel where the water would be ejected is located at the top of the device, above the loop for the forefinger. The outer loop of the forefinger protrudes beyond the end of the "barrel." The muzzle end of the "barrel" is green. Because the exterior of the device is predominantly bright green it satisfies the requirements pursuant to section 1150.3(d).

(4) Looking next to the Power Chargers Water Gun (K Mart Style No. 04-72-34, Larami Corp.) we note that the predominant color of the toy gun is bright green. The trigger, cocking knob, cartridge, and outer portion of the barrel are a purplish color. Looking at the barrel from the side, it is purplish from on the outside for a length of approximately three-quarters of an inch to the muzzle end. Looking straight at the muzzle end, it is purplish around the edge and then green around the center opening which permits the water to shoot. Because of the predominant bright green color, we conclude that the toy complies with the law and regulations.

(5) Another sample submitted is a True Action Watermatic water pistol (packaged together with the Hi-Power Squirter designed like a set of brass knuckles). This toy pistol appears to be one piece pinkish in color except for the side handgrip areas which are yellow. Within the yellow handgrip is a small round red area with the words "scale model" in black. The complete barrel and muzzle end are pinkish in color except for a small hole in the center of the muzzle end where a small white plastic piece is inside of the muzzle end.

In view of the fact that this Watermatic water pistol is predominantly pinkish in color, but is in combination with bright yellow on the side handgrip areas, we conclude that the toy water gun complies with the regulations.

(6) Finally, we have received as a sample the Clear Shot Swivel Squirt (Imperial Toy Corporation). The toy is of orange color. The plastic is translucent so that the white tube which carries the water to the nozzle can be seen through the plastic. The squeeze trigger and the white tubing inside the toy are the only parts which are not orange. Therefore, because the toy is orange and is translucent, it satisfies the marking requirements of section 1150.3.

HOLDING:

We conclude all 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

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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, Acting Chief

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