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HQ 453024


June 5, 1992

TRA CO:R:IT:I 453024 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Bruce Bennett
S.R.M. Company Inc.
Foxcroft Square
Jenkintown, PA 19046

RE: Restricted Merchandise: Toy Guns

Dear Mr. Bennett:

This is in response to your letter dated March 26, 1992, requesting a binding ruling on four sample toy guns. 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).

The first sample has no model number. It is made of transparent plastic and made in China. One side of the sample has "China Patent No. 90206804.0" imprinted. This sample is approximately 9 inches long and 6 inches high. Because this sample complies with section 1150.3(c), it is admissible.

The second sample is described as the Mini Six Shooter, model number 1996, made in China. It is approximately 4 inches long and between 2 and 3 inches high. It is silver in color. When the hammer is pulled back, sounds are made and light may be seen through the muzzle end. The exterior surface of the barrel at the muzzle end is covered by an orange plastic piece. We conclude that this item complies with section 1150.3(b).

The next sample is the Electronic Fazer Flexor, model number 2700, made in China. It is predominantly white in color. There is a turn knob in front of the trigger housing. The sample is approximately ten and a half inches in length and six inches high. We conclude that the sample complies with section 1150.3(d).

The last sample is the Electronic Mighty Machine, model number 2800, made in China. The sample is black and has an orange knob and selector switch on one side. The sample is a foot long and about 6 inches high. When the trigger is pulled the muzzle end of the barrel lights up. At the muzzle end of the barrel an orange plastic part extends beyond the muzzle end. We conclude that the sample complies with section 1150.3(b).

HOLDING:

We find that the four samples submitted are admissible because they comply with the marking requirements.

Sincerely,

John F. Atwood, Chief

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