HQ 0451745 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451745

September 5, 1991

TRA CO:R:IT:I 451745 TPT

CATEGORY: OTHER

Mr. Thomas V. Yarnell
Diversified Specialists, Inc.
1913 Southwest Freeway
Houston, TX 77098

RE: Admissibility of Toy Guns

Dear Mr. Yarnell:

This is in response to your letter dated August 26, 1991, requesting that we reconsider our determination of the "Combat Force M-60 Machine Gun" (Model No. DSI 23021, made in China) which we previously found not to comply with 15 U.S.C. 5001 (Customs decision HQ 451258, August 19, 1991).

ISSUE:

Whether the sample toy gun referenced above satisfies 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 samples.

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).

In your request for reconsideration you state that since this toy gun discharges non-metallic projectiles, it need only be marked on the exterior of the barrels and, therefore, the M-60 complies with the marking requirements.

We disagree. The "Combat Force M-60 Machine Gun" (Model No. DSI 23021, made in China) is two guns in one. There are two separate pieces which have a barrel and a trigger. This toy gun can be made to look like one toy gun by fitting one piece over the other, thus leaving only one barrel exposed. The orange barrels on each are permanently affixed. When the toy is disassembled so that there are two toy guns, we found that only one gun ejects the soft plastic darts. As to the gun that shoots the darts, the marking is sufficient. However, the other toy gun is not a water gun, air-soft gun, light emitting gun or other ejecting toy, and, therefore, does not comply in that it does not have a solid orange plug which covers the muzzle end. 15 C.F.R. 1150.3(a).

HOLDING:

The "Combat Force M-60 Machine Gun," model DSI 23021 is not admissible and if imported is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001.

Sincerely,

John F. Atwood, Chief

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