TRA CO:R:IT:I 453024 TPT
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
Intellectual Property Rights Branch