HQ 0451538 - Admissibility of Toy Guns - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1992 HQ Rulings > HQ 0450654 - HQ 0556090 > HQ 0451538

HQ 451538

October 7, 1991

TRA CO:R:IT:I 451538 TPT

CATEGORY: TOY GUNS

Sanford B. Frank, Esq.
Playtime Products, Inc
1107 Broadway, 11th Floor
New York, NY 10010

RE: Admissibility of Toy Guns

Dear Mr. Frank:

This is in response to your request for a binding ruling dated July 17, 1991, regarding three sample toy guns which Playtime 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.

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 sample is called "The Ripper," model number 3020. This water gun is approximately twenty (20) inches long. The water gun is predominantly bright green. There are orange paw designs overlaying the green. The trigger, side hand grips, water magazine, and pump action portions are purple. "Made in China" is imprinted on the gun just above the magazine opening. The markings on this gun comply with the regulations.

The second sample is called "AK Centerfire," model ASST. 3021. This water gun is shaped like a machine gun and is approximately twelve inches long and seven inches high. The plastic magazine cartridges are black and there is a black ring where the barrel extends from the main body of the toy gun. The predominant color of this water gun is red with flashes of blue. We conclude that the predominant red color is not bright; therefore, this toy gun fails to comply with the regulations.

The last sample is the "Water Hawk," model ASST 3022. The size of this water gun is similar to the AK Centerfire above. The magazine cartridge is bright green. The predominant color is blue with red diamond shaped designs on the sides. We conclude that the predominant blue color is not sufficiently bright and fails to comply.

3

HOLDING:

We conclude that "The Ripper" water gun sample, model 3020, complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to the submitted sample may be imported. However, models ASST 3021 and ASST 3022 do not comply and are subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001. 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

Previous Ruling Next Ruling