HQ 0453236 - Restricted Merchandise: Toy Guns - United States International Trade Commision Rulings

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HQ 453236

September 13, 1992

TRA CO:R:IT:I 453236 TPT

CATEGORY: RESTRICTED MERCHANDISE

Mr. Jeffrey C. Zimmerman
Larami Corporation
340 N. 12th Street
Philadelphia, PA 19107

RE: Restricted Merchandise: Toy Guns

Dear Mr. Zimmerman:

This is in response to your letter dated May 6, 1992, forwarding a sample of a toy gun and requesting that this office provide a binding ruling.

ISSUE:

Whether the sample submitted satisfies 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. 1150.3(d). Finally, the marking would meet the requirements if 2
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 submitted sample is described on the package as a Desert Patrol Soft Dart Gun, made in China, model number 8326-0. The predeominant portion of the gun is in a desert camouflage color. The trigger mechanism is orange. An orange plastic piece is affixed to the exterior of the muzzle end of the barrel and extends for a distance of at least six millimeters. Attempts to remove the piece on the muzzle end by hand were unsuccessful.

HOLDING:

We conclude that the sample submitted bears markings which satisfy 15 U.S.C. 5001 and 15 C.F.R. Part 1150. We further find that the orange piece affixed to the muzzle end of the toy gun is permanent.

Sincerely,

John F. Atwood, Chief

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