HQ 0450970 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 450970

March 15, 1991

RES CO:R:IT:I 450970 TPT

CATEGORY: TOY GUNS

Duncan A. Nixon, Esq.
Sharretts Paley Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C. 20036

RE: Admissibility of Toy Guns

Dear Mr. Nixon:

This is in response to your request for a binding ruling dated March 13, 1991, regarding toy guns which your client intends to import into the commerce of the United States. We understand that you 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 samples submitted satisfy 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 sample. This ruling is not applicable to imported items which are not identical to the items described below.

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).

The first sample is described on the packaging as a "Surefire Air-Powered Target Shooter with Safety Soft Darts." The toy is made in China for Charter King, model number 3835. The sample toy is black with some certain orange colored parts. The orange colored parts are the sight on top which can be positioned upright or flat, the trigger, the base of the hand grip, and the barrel. Because this toy shoots darts, a separate orange colored movable piece constitutes the muzzle end of the barrel. This movable piece is approximately two and a half inches long. A dart is placed in the barrel. Since this is an ejecting toy it is required to be blaze orange on the exterior surface from the muzzle end of the barrel, covering the circumference for a depth of six millimeters.

We conclude that the Surefire Air-Powered Target Shooter, model 3835, as described above, complies with the marking requirements and may be admitted.

We have also received a military playset described as "Military Gear Weapon Accessories Playset." The toy is made in China for Charter King, model number 3535. The playset includes a toy rifle, scope, compass, survival knife, identification tags, toy grenades, walkie talkie, and a toy pistol.

The rifle in the playset is described as a "M17 Rifle." The rifle is approximately twenty-two inches long and is camouflage colored. The muzzle end of the barrel is orange and it covers the muzzle end. The muzzle end flash suppressor portion of the barrel is orange. Looking down the barrel, the muzzle end is orange.

Packaged together with the rifle in the playset is a pistol. The pistol is olive green in color except for the muzzle end of the pistol. The exterior of the muzzle end of the barrel is 3
reddish in color. The toy pistol is not an ejecting toy. Looking down the barrel, the exterior of the pistol is reddish in color, but does not have an orange blaze plug. The pistol lacks the requisite permanently affixed orange blaze plug required by law. Therefore, the pistol is determined not to comply.

HOLDING:

We find that the Surefire Air-Powered Target Shooter complies with the marking requirements in Part 1150 of the Commerce Regulations (15 C.F.R. Part 1150). Concerning the Military Gear Weapon Accessories Playset, model number 3535, we find it inadmissible and subject to seizure. Although the toy M17 rifle described above complies with the regulation, the toy pistol does not comply because it does not have a permanently affixed blaze orange plug. Since the rifle and the pistol are packaged together in the playset, the the complete playset is subject to seizure under title 19, United States Code, section 1595a(c), for a violation of title 15, United States Code, section 5001.

Sincerely,

Barry P. Miller, Acting Chief

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