HQ 0451201 - Toy Guns - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0450381 - HQ 0452915 > HQ 0451201

HQ 451201

May 20, 1991

TRA CO:R:IT:I 451201 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Hy Korn
Keystone Novelty Company, Inc.
137-17 71st Avenue
Flushing, New York 11367-1938

RE: Toy Guns

Dear Mr. Korn:

This is in response to your letter dated May 8, 1991, submitted with samples of small guns in holsters on key chains. You state that you intend to import items identical to the samples submitted and, therefore, request that this office provide you with a determination concerning the admissibility of these items.

ISSUE:

Whether the submitted samples comply with the marking requirements of Title 15, United States Code, section 5001, and Title 15, Code of Federal Regulations, Part 1150, governing acceptable markings on toy, imitation, and look-alike firearms?

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 samples. 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 2
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 they permit 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 samples involve die cast guns, all the guns are between two and three inches in length. They are models of a German Luger, derringer, short barrel handgun, flint-lock pistol, and a long barrel handgun. All the guns have yellow paint on the exterior surface of the muzzle end. All the guns may be removed from their holsters. These articles come packed on a piece of cardboard. The cardboard bears a 19th century western scene and has the words "Die-Cast Key Chain Pistols with P.V.C. Holster." The items are made in China. Although the requestor states that these are item number 3720, the packaging has no number referenced on it.

We note that the Commerce Department statute and regulations referenced above provide no size limitations. Further, we have found that publications issued by the Bureau of Alcohol, Tobacco, and Firearms show authentic firearms that are remarkably small.

In the absence of a statutory amendment or the issuance of regulations or guidelines by the Department of Commerce, Customs must continue to make case by case determinations of the requirements of the relevant statute and regulations.

As stated above the samples bear yellow paint on the muzzle end. Therefore, none of the samples comply with the marking requirements and are not admissible.

3

HOLDING:

The samples do not bear a blaze orange plug or exterior coloring as required under 15 U.S.C. 5001 and 15 C.F.R. Part 1150 and, therefore, are not admissible and are subject to seizure under 19 U.S.C. 1595a(c) for a violation of section 5001.

Sincerely,

John F. Atwood, Acting Chief

Previous Ruling Next Ruling