HQ 0450641 - Admissibility of a Gun Replica (MGC-M16/CP) - United States International Trade Commision Rulings

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HQ 450641

January 28, 1991
RES CO:R:IT:I 450641 TPT

CATEGORY: TOY GUNS

Mr. Robert J. Schott
Air Schott
P.O. Box 17373
Washington, D.C. 20041

RE: Admissibility of a Gun Replica (MGC-M16/CP)

Dear Mr. Schott:

This is in response to your request for a binding ruling dated October 24, 1990. We understand that you intend to import replica model M-16 firearms into the United States and 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 sample M-16, having a blaze orange plug inserted in the barrel, 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 sample. 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 imported M-16 look-alike firearms which are identical to the submitted sample.

Section 5001 (15 U.S.C. 5001) mandates that any 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.

The submitted sample, a MGC-M16/CP rifle, is an imitation firearm of an M-16. The sample is an all black plastic and metal 2
replica and has a blaze orange plug in the muzzle end.

The plug is recessed five (5) millimeters into the muzzle end. The plug covers the muzzle end of the device. The plug cannot be dislodged by hand pressure. Also, the blaze orange coloring cannot be rubbed off by hand. However, we note that the blaze orange coloration can be scraped from the gun.

HOLDING:

The sample M-16 look-alike firearm is not admissible. The sample device, although having a plug in the muzzle end, does not comply with 15 U.S.C. 5001 and 15 C.F.R. Part 1150 because the blaze orange plug is not "permanently affixed" in that the paint can be scraped from the gun. Therefore, the MGC-M16/CP will not be admissible because it fails to comply.

Sincerely,

John F. Atwood, Acting Chief

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