HQ 0451682 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451682

September 5, 1991

TRA CO:R:IT:I 451682 TPT

CATEGORY: TOY GUNS

District Director of Customs
423 Canal Street
New Orleans, LA 70130-2341

RE: Admissibility of Toy Guns

Dear Mr. Mish:

This is in response to a memorandum forwarding a sample toy gun by Mr. Steve Attaya. He has requested Headquarters assistance regarding the applicability of the new law enacted under the Federal Energy Management Improvement Act of 1988, which requires certain markings on all toy, imitation and look- alike guns.

ISSUE:

Whether the sample submitted satisfies requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150?

FACTS:

The sample submitted is part of a shipment imported by the F. W. Woolworth Company. The entry number for the shipment is 004-0580065-7.

LAW AND ANALYSIS:

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.

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 2
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).

This case invovles the "Big Shot 8 Shot Repeating Cap Gun," model number 725. The gun is red and black. The black colored portions of the gun are the cylinder, trigger, hammer, and the sides of the handle. The remainder of the gun is red. Inserted into the muzzle end of the gun is an solid orange plug. Based upon our examination of the gun, we find that it complies with the marking requirements.

HOLDING:

We conclude that the toy gun sample submitted 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. 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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