HQ 0452336 - Admissibility of Toy Guns - United States International Trade Commision Rulings

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HQ 452336

February 27, 1992

TRA CO:R:IT:I 452336 TPT

CATEGORY: RESTRICTED MERCHANDISE

Duncan A. Nixon, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. 1707 L Street, N.W.
Washington, D.C. 20036

RE: Admissibility of Toy Guns

Dear Mr. Nixon:

This is in response to your letter dated December 4, 1991, requesting that this office provide a binding ruling on submitted sample toy guns, model numbers 3021 "AK Centerfire," 3020 "Ripper," 3006 "Avenger," and 3057 "Revenger."

ISSUE:

Whether the samples submitted satisfy the marking 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. 2

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 "Ripper," model number 3020, is approximately 20 inches long and seven inches high (no model number appears on any part of the water gun). It is a pump action water gun. This water gun is a product of Playtime Products, made in China. The part which slides along the barrel is pink, so too are the trigger, the sides of the handgrip, and the "ammunition" magazine which holds the water. Also, there are pink lines and stripes on the main portion of the water gun. The rest of the water gun is blue. We conclude that the blue color is sufficiently bright as to be in compliance with the marking requirements.

The second sample examined is designated as model number 3021, the AK Centerfire (no model number appears on any part of the water gun). It is also a product of Playtime Products, made in China. This water gun is approximately eleven inches long and seven inches high. The top portion of the water gun is red. The red color goes down along the sides and is patterned in such a way as to look like paint running down the sides. The remaining portion of the water gun is blue except the trigger and the ammunition magazine which are bright yellow. We conclude that the blue is sufficiently bright and that the blue and bright yellow make up a predominant portion of the gun so as to bring the water gun within the acceptable marking requirements.

The third sample is model number 3006, the Avenger (no model number appears on any part of the water gun). This water gun is also a Playtime Products item made in China. This water gun is approximately six and a half inches in length and eight inches high (the simulated ammunition magazine which holds the water is approximately four and a half inches high when properly attached to the water gun). The water gun is all blue except the trigger and the simulated ammunition magazine. We conclude that neither the blue nor the red is sufficiently bright to comply with the marking requirements of Part 1150.

The last sample is model number 3057, the Zap It Revenger (no model number appears on any part of the water gun). This water gun is also a Playtime Products article made in China. The predominant color is blue. Along the sides are streaks of bright yellow shaped like the letter Z. The sides of the handgrip are red. The trigger and the simulated ammunition magazine are a different shade of red than the sides of the handgrip. This water gun is approximately eight inches long and six and a half inches high. We conclude that the predominant blue color of this water gun is not sufficiently bright to comply with the marking requirements.
3

HOLDING:

We hold that models 3006 (the Avenger), and 3057 (Zap It Revenger) are not admissible because they fail to comply with the marking requirements and would be subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 and 15 C.F.R. Part 1150 if imported. We find, however, that models 3021 (AK Centerfire) and 3020 (Ripper) do comply with the marking requirements and may be imported so long as the imported items are identical to the samples submitted for the purposes of this ruling and if model numbers properly identify the items at the time of importation.

Sincerely,

John F. Atwood, Chief

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