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NY 806971




March 17, 1995

CLA-2-95:S:N:N8:225 806971

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0030

Ms. Karen Quintana
New Wave Transport (U.S.A.), Inc.
2417 E. Carson St.
Long Beach, CA 90810

RE: The tariff classification of a toy cap gun from China

Dear Ms. Quintana:

In your letter dated February 9, 1995, received in this office on February 14, 1995, you requested a tariff class- ification ruling on behalf of your client Maxima Trading.

A sample of the "Detective Special" toy cap gun was submitted with your inquiry. The gun measures no more than 11 cm in length and 9 cm in height. Made of die-cast metal, the gun is entirely black with the exception of the tip of the barrel which is colored red. The red portion extends approximately 1/2 cm from the tip of the barrel towards the back. A silencer, also made of die-cast metal, is entirely red and screws into the barrel. The gun and silencer are imported packaged together on a blister card. Your sample is being returned as requested.

The applicable subheading for the "Detective Special" toy gun, will be 9503.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys (except models), not having a spring mechanism. The rate of duty will be free.

In addition to a classification ruling you also requested information regarding the proper marking of toy look-alike or imitation firearms. According to Public Law 100-615 an imitation firearm which resembles a real weapon must have a blaze orange solid plug, permanently affixed, recessed no more than 6 millimeters from the muzzle end of the barrel or must satisfy the requirement by other approved methods.

This office cannot determine whether model number 7228B, "Detective Special" toy gun, meets the marking requirements of Public Law 100-615; 15 U.S.C. 5001; 15 CFR Part 1150; Federal Register Vol. 54, No. 86, pp 19358 (May 5, 1989). The Department of Commerce has final authority in this matter. For further information, please contact, the Office of Deputy Chief Counsel, Department of Commerce at (301) 975-2803.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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