HQ 0451311 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451311

July 2, 1991

TRA CO:R:IT:I 451311 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Thomas C. Goldblatt
Strombecker Corporation
600 N. Pulaski Rd.
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 30, 1991, regarding toy guns which you intend to import into the commerce of the United States.

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, imitations, and look-alike firearms

LAW AND ANALYSIS:

The instant matter is being considered under Part 177 of the Customs Regulation (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

Section 5001 (15 U.S.C. 5001) mandates that any look-alike or imitation firearm 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.

Part 1150 enumerates the type 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 2

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).

We turn first to the Cap Blaster 8 Shot Lynx Revolver, identified as #7711. The Cap Blaster 8 Shot Lynx Revolver is basically a plastic, purple handgun, with a yellow, metal cylinder. The overall length of the toy gun is approximately four inches and the overall height is approximately three inches. Since the Cap Blaster 8 Shot Lynx Revolver contains a permanently affixed orange plug in the end of the barrel, this handgun complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a).

Next, we examine the Cap Blaster 12 Shot Jackal Revolver, identified as #7755. The Cap Blaster 12 Shot Jackal Revolver is basically a red, plastic handgun with a blue, metal cylinder. The handgun is approximately four inches in length and three inches in height. Since the Cap Blaster 12 Shot Jackal Revolver contains a permanently affixed orange plug in the end of the barrel and has a bright red color, this handgun complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a).

Third, we turn to the Cap Blaster 12 Shot Enforcer Revolver, identified as #7756. The Cap Blaster 12 Shot Enforcer Revolver is a plastic handgun with a yellow handle, a blue cylinder housing, a green metal cylinder, and an orange silencer. The handgun is approxiamtely six inches in length and three inches in height. In the muzzle end of the one inch barrel, there is an orange plug permanently affixed in the barrel. A separate piece is made to fit over the barrel to simulate a silencer. This separate piece is orange and is open ended. Since the Cap Blaster 12 Shot Enforcer has a permanently affixed orange plug in the end of the barrel and because the separate piece is also orange, we conclude that this gun complies with 15 U.S.C. 5001 and 15 C.F.R. 1150(a).

Next, we examine the Cap Blaster Marksman Pistol, identified as #7759. The Cap Blaster Marksman Pistol is a bright, lime green plastic handgun with two yellow side panels on the handle. On the bottom of the handle, the pistol has a removable, orange, storage container for caps. The pistol is approximately seven inches in length and four inches in height. Since the Cap Blaster Marksman Pistol contains a permanently affixed orange piece in the end of the barrel and because it is of a bright green and yellow color, it complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a) and (d).
3

Finally, we turn to the Cap Blaster Tec 9 Pistol, identified as #7762. This pistol a plastic, purple handgun with a removable lime-green storage container for caps. The handgun is approximately eight inches in length and four inches in height. An orange piece covers the end of the barrel. Since this handgun does have a permanently affixed orange plug inside of the barrel, it complies with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(a).

HOLDING:

We find that the Cap Blaster 8 Shot Lynx Revolver, #7711, Cap Blaster 12 Shot Revolver, #7755, Cap Blaster 12 Shot Enforcer Revolver, #7756, Cap Blaster Marksman Pistol, #7759, and Cap Blaster Tec 9 Pistol, #7762 comply with 15 U.S.C. 5001 and 15 C.F.R. 1150 and may be entered.

Sincerely,

John F. Atwood, Chief

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