HQ 0452795 - Restricted Merchandise: Toy Guns - United States International Trade Commision Rulings

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HQ 452795

May 5, 1992

TRA CO:R:IT:I 452795 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Bruce Bennett
S.R.M. Company, Inc.
Suite 514 Fox Pavilionnue
Jenkintown, PA 19046

RE: Restricted Merchandise: Toy Guns

Dear Mr. Bennett:

This is in response to your letter dated February 27, 1992, forwarding a sample toy gun and requesting that this office provide a binding ruling. Although this office has received and responded to such requests in the past based upon a short request such as the one you submitted, we will require that future requests comply with and include the information outlined in Part 177 of the Customs Regulations (enclosed).

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 2
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 marking requirements set out in the regulations do not exempt an item based upon size.

The sample is approximately three and a half inches in length and two inches high. It is described on the packaging as an Electronic Mini Machine, model 1998, made in China. The color of the sample is metallic silver. It emits light. The barrel has no marking. This item does not comply because it does not have a permanently affixed, blaze orange marking on the exterior surface of the barrel extending six millimeters from the muzzle end.

HOLDING:

We hold that this sample or any item identical to this sample is subject to seizure under 19 U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 and 15 C.F.R. 1150.

Sincerely,

John F. Atwood, Chief
Intellectual Property Rights Branch

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