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HQ 452915

June 5, 1992

TRA CO:R:IT:I 452915 TPT

CATEGORY: RESTRICTED MERCHANDISE

Ms. Kris Lynch
Blue Box Toys Inc.
Suite 838
200 Fifth Avenue
New York, NY 10010

RE: Restricted Merchandise: Toy Guns

Dear Ms. Lynch:

This is in response to your letter requesting a binding ruling on two sample toy water guns which Blue Box intends to import. Although this office has received and responded to brief requests 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.

2

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).

Both samples are described as "The Drenchers," battery powered Striker 2.5, model number 34056, made in China. The samples are eleven inches high and nine inches long. One sample is predominantly pink in color and the other is green. Both have a protruding plastic piece at the muzzle end of the barrel which is about three quarters of an inch long and is orange in color and cannot be removed.

HOLDING:

We find that these samples comply with the marking requirements and are admissible.

Sincerely,

John F. Atwood, Chief

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