TRA CO:R:IT:I 451473 TPT

Mr. Larry Stern, Vice President
Blue Box Toys Inc.
Suite 838
200 Fifth Avenue
New York, NY 10010

RE: Admissibility of Toy Guns

Dear Mr. Stern:

This is in response to your request for a binding ruling dated July 1, 1991, regarding sample toy guns which you intend 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 toy gun is "The Drenchers," model MP-50, thirteen inches in length and nine inches in height (Blue Box Toys). This is a water gun. It is primarily orange in color with streaks of green on each side. The part simulating the ammunition magazine cartridge is purple. The muzzle end of The Drencher is blaze orange. The blaze orange piece over the end of the muzzle has a tiny hole for the water to squirt out. The blaze orange piece cannot be pulled or twisted by hand from the rest of the toy. Therefore, we conclude that The Drencher satisfies section 1150.3(d).

The next toy gun is "The Drenchers," model M-16, twenty-six and a half inches long (Blue Box Toys). The butt portion of the gun is blue and pink, the rear sight, handle, and hand guard portions are green and pink, the trigger is yellow, and the part simulating the ammunition magazine orange, and the front sight and barrel are blue. Because this toy gun is a water gun, it must have a blaze orange marking that covers the exterior surface for a distance of at least six millimeters. We conclude that the marking is permanent and meets the marking requirements.



We conclude that the toy gun samples submitted comply with 15 U.S.C. 5001 and 15 C.F.R. 1150.3 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