HQ 0450684 - Admissibility of Colt 45 look-alike handgun - United States International Trade Commision Rulings

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HQ 450684

February 11, 1991

TRA CO:R:IT:I 450684 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Jim Caddell
Side Lines International
3990 Grape Street
Denver, Colorado 80207

RE: Admissibility of Colt 45 look-alike handgun

Dear Mr. Caddell:

This is in response to your submission requesting a decision on the admissibility of a metal Colt 45 look-alike handgun.

ISSUE:

Whether the submitted sample complies with the marking requirements of Title 15, United States Code, Section 5001, and Title 15, Code of Federal Regulations, Part 1150, governing acceptable markings on toy, imitation, and look-alike firearms

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 sample. 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.

Section 5001 (15 U.S.C. 5001) mandates that any look-alike or imitation firearm 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.

The submitted sample Colt 45 look-alike is made of metal. On the top of the gun there is an opening about one and one-half inches in length. Looking into the hole, it reveals a hollow gun. The bottom of the handgrip is covered by a piece of felt material.

2

Turning to the muzzle end of the gun, we see that what is considered to be the muzzle end of the gun juts out from the barrel approximately three-eighths of an inch. This part is covered with blaze orange. However, despite the proper color, it is not permanently affixed in that the material used to color the muzzle end may be readily removed. Checking the coloring we note that it can be peeled off without the use of any tools.

HOLDING:

We find that the submitted sample fails to comply with 15 U.S.C. 5001 and 15 C.F.R. Part 1150. The blaze orange found on the muzzle end of the gun is not permanently affixed in that it can be readily peeled off. Therefore, importations of merchandise similar to the sample will be subject to seizure.

Sincerely,

John F. Atwood, Acting Chief

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