TRA CO:R:IT:I 451370 TPT

Ms. Marla Bank, Executive Assistant
Toymax Inc.
77-81 Spruce Street
Suite 202
Cedarhurst, NY 11516

RE: Admissibility of Toy Guns

Dear Ms. Bank:

This is in response to your request for a binding ruling dated June 12, 1991, regarding two sample toy guns which your firm intends to import into the commerce of the United States. We understand that you wish to obtain a ruling as to the applicability of the new law enacted under the Federal Energy Management Improvement Act of 1988.


Whether the samples submitted satisfy the requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150?


The instant matter is being considered under Part 177 of the Customs Regulations (19 C.F.R. 177.1(a)(1)), which relates to a prospective transaction (importation) concerning articles identical to the submitted samples. A ruling issued in response to a request for a ruling under Part 177 of the Customs Regulations reflects Customs' official position as to the specific question presented regarding the prospective transaction and is binding on all Customs personnel. 19 C.F.R. 177.9. Therefore, this ruling is qualified in that it applies to importations of articles which are identical to the submitted sample.

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 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 is the "Popball Bowling Set." The printing on the packaging indicates that this is a product of China, made by CharterKing (model number 3827). In the package, the toy gun is approximately twenty-two inches in length. The butt of the toy gun is a light purple, the thirteen and a half inch barrel is bright orange, and two smaller parts are blue. This toy gun fires balls about the size of ping pong balls. Because the exterior of the gun is predominantly blue and orange, this gun satisfies the marking requirements.

The second sample is the "Foam Power Pop Pistol." The printed packaging indicates that this is a product of China, made by CharterKing (model number 3003). The toy gun is approximately seven inches long and five and a half inches in height. The toy gun is predominantly orange, with green and yellow portions. The gun fires balls about the size of ping pong balls. We conclude that the exterior colors of the toy gun satisfy the marking requirements.



We conclude that the samples submitted comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3(d) and, therefore, toys which are identical to the submitted samples may be imported. This ruling does not extend to any toy guns which differ in any way from those presented for the purposes of this ruling.


John F. Atwood, Chief
Intellectual Property Rights Branch