HQ 0451279 - Admissibility of 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 0451279

HQ 451279

August 19, 1991

TRA CO:R:IT:I 451279 TPT

CATEGORY: TOY GUNS

Thomas C. Goldblatt, Esq.
Strombecker Corporation
600 N. Pulaski Road
Chicago, Illinois 60624-1083

RE: Admissibility of Toy Guns

Dear Mr. Goldblatt:

This is in response to your request for a binding ruling dated May 21, 1991, regarding various toy guns which you intend 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.

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 toy gun examined is made of black plastic except the handle. The brown plastic handle is made to appear like it is of wood grain with a carving of an eagle. The cylinder is movable in that it opens and flips out. Also, the black portion is covered by a raised pattern. Toward the end of the barrel, an identifying model number appears as MAT. 00155-1. At the base of the cylinder the words "by Edisons" appears. On the opposite side at the base of the cylinder the printing indicates "Made in Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl." A solid blaze orange plug is inserted in the muzzle end of the gun. We have determined that it is permanent and that the orange plug complies with the marking requirements.

The second item is a toy gun made of plastic and metal. The barrel and cylinder housing are made of silver/black metal. The cylinder is black plastic and rotates. The brown plastic handle has a diamond shaped design on both sides and a horse head in an oval shape on each side. The handle is made to appear like it is of wood grain. On the barrel an identifying model number appears as MAT. 00220-2. Below the cylinder on one side "Made in Italy" appears. On the opposite side below the cylinder "Made in Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl" appears. A solid blaze orange plug is inserted in the muzzle end of the barrel and is considered to be permanent and in compliance with the marking regulations.

The next toy gun sample is made of plastic. The cylinder is silver. The plastic handle is made to appear as wood grain. Toward the top of the handle in a circle, on both sides, are the letters EG in a fanciful design. Also on both sides of the handle there is a snake in a generally rectangular form around a plastic black screw. The rest of the gun is black. The model number on this item is MAT. 290. Below the cylinder on one side "Made in Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl"3 3
appears. A solid blaze orange plug is inserted in the muzzle end of the barrel. We find that model MAT. 290 complies with the regulations.

Finally, we examine model MAT. 00157-1. The model number is at the end of the barrel. The cylinder, which is black, and the handle, which is made to appear as if wood grain, are made of plastic. The rest of the gun is black metal. The cylinder rotates, but does not flip open. Below the cylinder on one side of the gun are the words "by Edisons." On the other side under the cylinder "Made in Italy by Edison Giocattoli S.p.A. 50019 Sesto F.No-Fl" appears. On the handle, one side has, in a circle, fanciful letters EG. The other side of the handle has a five pointed star overlaying two circles. Both sides of the handle have a design which has a dot in the center, a circle around the dot, and another design around the circle. We conclude that the blaze orange plug inserted in the muzzle end of the gun complies with the marking requirements.

HOLDING:

We conclude that the toy gun samples submitted comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to the submitted samples may be imported. This ruling does not extend to any other toy gun models or guns which differ in any way from those presented for the purposes of this ruling.

Sincerely,

John F. Atwood, Chief

Previous Ruling Next Ruling