HQ 0451098 - Admissibility of Angel Mascot Pistol Lighter - United States International Trade Commision Rulings

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HQ 451098

April 16, 1991

RES CO:R:IT:I 451098 TPT

CATEGORY: RESTRICTED MERCHANDISE

Jim Cadell
Sidelines International
3990 Grape Street
Denver, Colorado 80207

RE: Admissibility of Angel Mascot Pistol Lighter

Dear Mr. Caddell:

This is in response to your request for a ruling dated April 11, 1991, regarding an Angel Mascot Pistol Lighter (the box also describes the lighter as a Nesor Piezo Electric Gas Lighter). We understand that you intend to import this product into the commerce of the United States.

ISSUE:

Whether the sample submitted 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 articles which are identical to the submitted sample.

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 pistol lighter is approximately three and a half inches in length and is predominantly of a shiny brass surface color. It is a derringer styled pistol. The handle grip is covered by a white pearl white plastic piece.

The muzzle end of the pistol is described as having a blaze orange piece attached to the barrel. The blaze orange is said to be baked on and held onto the muzzle end by a strong glue.

Upon examination of the attached piece on the muzzle end, we conclude that it does not comply. The attached blaze orange piece is not permanently affixed. The piece fell off when subjected to finger pressure.

HOLDING:

We conclude that the sample Angel Mascot Pistol Lighter does not comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 because it does not have a permanently affixed blaze orange plug. This ruling does not extend to any other article.

Sincerely,

John F. Atwood, Acting Chief

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