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HQ 451983


October 8, 1991

TRA CO:R:IT:I 451983 TPT

CATEGORY: TOY GUNS

District Director of Customs
U.S. Customhouse
2nd and Chestnut Streets
Philadelphia, PA 19106

RE: Admissibility of Toy Guns

Dear Mr. Knox:

This is in response to your request for a ruling on a toy gun which is being detained pending a determination by this office. The toy gun was forwarded to Headquarters by Mr. V. Pescatore.

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:

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.

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).

2

The toy gun at issue is described on the packaging as the "Operation: Desert Patrol Jet Launcher," made by Larami, item number 4367-0, made in China. The toy gun is sand colored, approximately seven inches in length and three and a half inches in height. The "darts" which the gun is made to shoot, are shaped like small toy jets with a tail wing. The "darts" also have side wings with camouflage coloring. The toy gun has no markings as required by the regulations set forth above and, therefore, is subject to seizure.

HOLDING:

We conclude that the toy gun sample submitted does not comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 and, therefore, toys which are identical to the submitted sample shall be seized under 19 U.S.C. 1595a(c) for violations of 15 U.S.C. 5001 and 15 C.F.R. 1150.3. This ruling does not extend to toy guns which differ in any way from the one presented for the purposes of this ruling.

Sincerely,

John F. Atwood, Chief

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