HQ 0451368 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451368

September 5, 1991

TRA CO:R:IT:I 451368 TPT

CATEGORY: TOY GUNS

Mr. Mark Goldstein, Vice President
401 Covert Court
Neshanic Station, NJ 08853

RE: Admissibility of Toy Guns

Dear Mr Goldstein:

This is in response to your request for a binding ruling dated June 6, 1991, regarding samples of toy guns which you intend 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).

The first sample is the "Redbox Special Secret Agent Set," model number 24106 (on the back of the box the model number is 24106S). The carrying case includes plastic handcuffs, two badges, a key ring, passport, compass, two small hand grenades, a telescope for the pistol, a shoulder support for the pistol, camera, a silencer, toy walkie-talkie, .45 pistol, and a smaller pistol that looks like a .45. In the set, one .45 pistol is five inches in length and four inches in height. It is completely red in color and is made of plastic. The other .45 pistol is two inches in length and an inch and a half in height, but is completely black. Because this set includes an item which does not comply with the statute and regulation, model 24106 or 24106S is not admissible.

The next sample set is the "Redbox Special Secret Agent Set," model number 24107. This set includes a passport, bullets, handcuffs, two badges, key chain, pistol telescope, a .45 pistol, a silencer, compass, camera, binoculars, shoulder strap, and a machine gun. Because both the machine gun and the .45 pistol are completely red in color, they comply with the marking requirement and may be admitted.

HOLDING:

We conclude that the set designated as model 24106 (24106S) is subject to seizure pursuant to 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 because the small plastic gun is not marked as required. The toy gun samples submitted in the set

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designated 24107 comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to these submitted samples 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

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