HQ 0451537 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 451537

October 7, 1991

TRA CO:R:IT:I 451537 TPT

CATEGORY: TOY GUNS

Mr. Thomas Goldblatt, Esq.
Strombecker Corp.
600 N. Pulaski Rd.
Chicago, IL 60624-1083

RE: Admissibility of Toy Guns

Dear Mr. Goldblatt:

This is in response to your request for a binding ruling dated July 11, 1991, regarding various toy guns which Strombecker intends 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 marking 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 sample examined is described as the "Lynx" 8-Shot Ring Cap Gun, model number 7011. The toy pistol is approximately five inches in length. The die cast metal cylinder is painted red. The remainder of the gun is plastic and completely black. Under the cylinder on one side "Made in China" is imprinted. The barrel is slightly over an inch long. In the muzzle end is a solid blaze orange plug which could not be removed.

The second sample is described as the "Jackal" 12-Shot Ring Cap Gun, model number 7055. The coloring of this toy gun is identical to the gun above. The cylinder in this model is bigger than the cylinder in model 7011. This gun is otherwise identical to the model 7011.

The next sample is described as the "Enforcer" 12-Shot Ring Cap Gun, model number 7056. This sample has a die cast metal red cylinder, and a brown hand grip. The gun is plastic and black except the for the cylinder and hand grip. This sample includes a separate plastic piece simulating a silencer which fits over the barrel. The plastic silencer piece is orange and is hollow. A solid blaze orange plug is in the muzzle end of the gun and can be seen when the silencer is positioned over the barrel.

The fourth sample is described as the "Marksman" Strip Cap Pistol (Attack Force), model number 7059. This pistol is nine inches in length and five inches in height. The handle grip is brown. A solid blaze orange plug is inserted into the muzzle end. The top sight has been made red, otherwise the remainder of the gun is black. This sample is made of plastic. Above the handle grip on one side is imprinted "Made in China."

The last sample is described as the "Tec-9" Strip Cap Pistol (Attack Force), model number 7062. This sample is completely black, except for the blaze orange piece running inside the 3
barrel and the piece attached to the muzzle end of the barrel. On one side of the gun, above the ammunition magazine "Made in China" is imprinted. On the opposite side above the hand grip "Esquire/Nichols" is imprinted. We conclude that this sample, model 7062 does not comply with the marking requirements because the plug is not solid.

HOLDING:

We conclude that four samples submitted (model numbers 7011, 7055, 7056, and 7059) comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to these submitted samples may be imported. However, model 7062, the Tec- 9 toy pistol, is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 in that the plug is not solid. This ruling does not extend to any toy guns which differ in any way from those presented for the purposes of this ruling.

Sincerely,

John F. Atwood, Chief

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