HQ 0451380 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451380

September 5, 1991

TRA CO:R:IT:I 451380 TPT

CATEGORY: TOY GUNS

Ms. Jodi Goodman
Toys N Things
166 King's Highway North
Westport, CN 06880

RE: Admissibility of Toy Guns

Dear Ms. Goodman:

This is in response to your request for a binding ruling dated June 4, 1991, regarding a toy gun 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 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 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 sample set submitted for our examination is the "Ninja Silent Warrior Silent Arsenal Weapon Set." The print on the packaging indicates that the toy is made in China and is model number 3308. The questionable item is a toy which looks like a pistol, but has a crossbow configuration at the muzzle end. Small plastic darts may be inserted in the muzzle end and a string attaches at the back of the gun. The gun and bow attachment are bright orange. Although the muzzle end has a black piece inserted in the opening, the gun is predominantly of bright orange and, therefore, complies with the marking requirements.

HOLDING:

We conclude that the toy gun sample submitted complies 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 toy guns which differ in any way from the item presented for the purposes of this ruling.

Sincerely,

John F. Atwood, Chief

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