HQ 0452347 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 452347

February 27, 1992

TRA CO:R:IT:I 452347 TPT

CATEGORY: RESTRICTED MERCHANDISE

Thomas C. Goldblatt, Esq.
Strombecker Corporation
600 N. Pulaski Rd.
Chicago, IL 60624-1083

RE: Admissibility of Toy Guns

Dear Mr. Goldblatt:

This is in response to your letter dated December 5, 1991, requesting that this office provide a binding ruling on submitted sample toy guns, model numbers 7118 (Competition Match Pump Shot Gun) and 7155 (MP5 Assault Rifle).

ISSUE:

Whether the samples submitted satisfy the marking requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150?

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 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. 2

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 Competition Match Pump Shot Gun, model no. 7118, is made in China. The toy gun is approximately 25 inches long. The stock and pump action part are brown and the rest of the toy gun is black. No model number appears on the toy gun. A plastic orange piece covers the muzzle end and the exterior of the barrel for a depth of more than two inches. The plastic orange piece is permanent in that it could not be removed by hand. We conclude that the orange piece covering the muzzle end complies with the marking requirements.

The MP5 Assault Rifle, model no. 7155, is approximately 20.5 inches in length when the stock is not pulled out. The toy gun is predominantly black. One side of the toy gun has lettering which indicates that the item is made in China. The words and letters "Esquire/Nichols H&K MP5" also appear on the item. Two orange colored pieces are also part of the item. At the muzzle end is a piece which is screwed onto the main body. The orange piece is approximately four inches long at the muzzle end with a solid covering over the muzzle. Another orange piece is located at the stock end. We find that this item meets the marking requirements.

HOLDING:

We hold that the two samples, models 7118 and 7155, discussed above are admissible because they comply with the marking requirements of 15 U.S.C. 5001 and 15 C.F.R. Part 1150.

Sincerely,

John F. Atwood, Chief

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