HQ 0452587 - Restricted Merchandise: Toy Guns - United States International Trade Commision Rulings

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HQ 452587

April 8, 1992

TRA CO:R:IT:I 452587 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Charles A. Craig
Quast and Company, Inc.
332 South Michigan Avenue
Chicago, IL 60604

RE: Restricted Merchandise: Toy Guns

Dear Mr. Craig:

This is in response to your letter dated December 19, 1991, forwarding samples of toy guns and requesting that this office provide a binding ruling. Although this office has received and responded to such requests in the past based upon a short request such as the one you submitted, we will require that future requests comply with and include the information outlined in Part 177 of the Customs Regulations (enclosed).

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 2
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 our examination of the samples submitted we make no assumptions as to the type of toy gun beyond what is described in the accompanying written request for a ruling. Therefore, all the samples are ruled upon as samples which do not eject any object.

The first sample examined is designated by a paper label as No. 112113. However, this model number does not appear anywhere on the gun itself. The printing molded onto the sample indicates that this is an Ingram M-10, 6mm BBAMO, made in Japan. On the other side of the sample, molded onto the sample, is the word "Tiger", Pat. P. 1987, TMG-B87600. This sample is all black, except for the blaze orange plastic piece of the barrel which is about one and a quarter inches long. The sample is seven and a half inches in length and five inches in height. This sample does not comply because it does not have a solid plug.

The next sample is designated as No. 11294P on the paper label. However, the permanent identifying marks molded onto the gun indicate that this is a TMG-P83380, Lightning Cal. 9mm Auto, Tiger Chem. Ind. Co., LTD., made in Osaka, Japan. This sample is also all black except for the blaze orange piece as the barrel and a metal, fold down piece to be placed against the shoulder. When the metal piece is in the "firing" position, the toy is approximately eleven inches long. With the ammunition magazine in place the toy gun is approximately seven and a half inches in height. This gun does not comply because it does not have a solid plug.

The third sample is designated as No. 11259B on the paper label. The permanent identifying marks molded onto the gun indicate that this is a TMG-PB82380, Laser Gun, Tiger, made in Japan. This gun is also all black, except for a blaze orange piece extending from the muzzle end of the gun and a white release button for the ammunition magazine. The toy is approximately nine inches long and five inches high. Because it cannot be determined that this is intended to be an ejecting gun, we conclude that it does not comply since the plug is not solid.

The next sample is designated as No. 11208 on the paper label. Again, the permanent identifying marks molded onto the gun indicate that this is a Tiger Automatic MOD P38, TMG-P77100 CAL 6.8mm, made in Japan. The gun is all black, except the brown 2
trigger, sliding sight, and blaze orange plastic covering the exterior of the barrel on the muzzle end. The gun is approximately five and three-quarters inches long and three and one-quarter inches high. We conclude that it is not admissible because it does not have a solid plug.

The fifth sample is designated as No. 10204P on the paper label. However, the permanent identifying marks molded onto the gun indicate that this is a Tiger 44 Auto Magnum Model-180, TMG- P80120, made in Japan. It is all black, except for the brown trigger and rear sight, and blaze orange plastic piece covering the exterior of the barrel on the muzzle end. The dimensions are the same as the preceding sample and is not admissible because there is no solid plug.

The last sample is designated as No. 10415/7C on the paper label. The permanent identifying marks molded onto the gun indicate that this is a P.38 ac 41, 4524, made in Japan. This gun is all black, except that it has brown handle grips and a shiny red piece covering the exterior of the barrel at the muzzle end. This sample is approximately nine inches long and five inches high. We conclude that this sample is not admissible because there is no solid plug and the color of the exterior piece is too dark.

HOLDING:

We conclude that all the samples submitted are subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 and 15 C.F.R. Part 1150 because none of the samples have solid plugs and/or do not meet the blaze orange color requirement.

Sincerely,

John F. Atwood, Chief

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