HQ 0451390 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451390

September 5, 1991

TRA CO:R:IT:I 451390 TPT

CATEGORY: TOY GUNS

Mr. Craig McCarville, Vice President
Manley Toys (USA) Ltd.
Room 1505
1107 Broadway
New York, NY 10010

RE: Admissibility of Toy Guns

Dear Mr. McCarville:

This is in response to your request for a binding ruling dated June 18, 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. 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).

The first toy gun examined is part of the Manley "Official Police Play Equipment Vest Set," model number 880-13, made in China. The set includes a plastic vest, handcuffs and keys, badge, and toy gun. The toy gun is predominantly blue. The trigger and hammer are black. Above the trigger "No. 913" is imprinted on the gun. The gun has an orange piece which completely covers the muzzle end. The piece could not be readily removed.

The next gun is part of the Gold Shield Series "Official Detective Play Equipment Detective Undercover Equipment," model number 881-01, made in China. The set includes a toy plastic pistol, sunglasses, binoculars, handcuffs and keys, whistle, shoulder holster, and fingerprint paper and stamp pad. The plastic pistol is orange except the black trigger and hammer. Since the exterior color of the gun is predominantly orange, it complies with 19 C.F.R. 1150.3(d).

The last sample gun is part of the set described as the Gold Shield Series "Official Detective Play Equipment," model number 885-31, made in China. The set includes handcuffs and keys, whistle, sunglasses, binoculars, badge, play watch, and shoulder holster. The toy gun in this set is identical to the one described above in model 881-01 and, therefore, complies with the marking requirements.

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 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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