RES CO:R:IT:I 450647 TPT
Duncan A. Nixon, Esq.
Sharretts Paley Carter & Blauvelt, P.C.
1707 L Street, N.W.
Washington, D.C. 20036
RE: Admissibility of Toy Guns
Dear Mr. Nixon:
This is in response to your request for a binding ruling
dated December 3, 1990, regarding various models of toy guns
which your client 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.
ISSUE:
Whether the samples submitted satisfy the requirements of
title 15, U.S.C., 5001 and title 15, C.F.R., Part 1150?
LAW AND ANALYSIS:
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.
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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).
(1) First, we examine the toy gun described as the American
Adventure Survival Gun (K Mart Style No. 04-44-08). The toy gun
is made of plastic. It is primarily blue in color. There are
two orange pieces attached to the gun. One orange piece is
positioned on the top of the gun as the rear sight. This piece
is approximately a half inch high and three-quarters inch in
diameter. The other orange piece is approximately three inches
in height and is attached to the muzzle end of the barrel. The
top portion of the piece is round and hollow imitating a sight.
The rest of this end piece is solid. The barrel portion of the
piece extends out approximately an inch and a half (bright
orange) and is solid at the muzzle end. Therefore, we conclude
that this particular toy gun complies with the law and
regulations.
(2) A sample of The Drencher (Blue Box Toys, K Mart Style No.
04-43-70) has also been submitted. This is a water gun. It is
primarily bright green in color with streaks of black along the
sides. The ammunition magazine cartridge is blue as well as the
trigger, and both end pieces.
The muzzle end of The Drencher is blue. This blue piece is
approximately an inch and a half in diameter with a tiny hole in
the center and fits on the end so that the blue piece makes up
the last half inch of the exterior of the barrel on the muzzle
end and is visible from the front and sides. It cannot be pulled
or twisted by hand from the rest of the toy. Therefore, we
conclude that The Drencher satisfies section 1150.3(d).
(3) Next, we have examined a sample of the Watermatic Hi-Power
Squirter (True Action Toys). This toy is shaped much like brass
knuckles in that it fits in the palm of the hand and has loops
for one's fingers to fit through. It is made of bright green
plastic. A black colored stem-like button protrudes from the
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main piece and would press against the palm of the hand. The
"barrel" does not extend out in the usual fashion. The muzzle
"end" of the barrel where the water would be ejected is located
at the top of the device, above the loop for the forefinger. The
outer loop of the forefinger protrudes beyond the end of the
"barrel." The muzzle end of the "barrel" is green. Because the
exterior of the device is predominantly bright green it satisfies
the requirements pursuant to section 1150.3(d).
(4) Looking next to the Power Chargers Water Gun (K Mart Style
No. 04-72-34, Larami Corp.) we note that the predominant color of
the toy gun is bright green. The trigger, cocking knob,
cartridge, and outer portion of the barrel are a purplish color.
Looking at the barrel from the side, it is purplish from on the
outside for a length of approximately three-quarters of an inch
to the muzzle end. Looking straight at the muzzle end, it is
purplish around the edge and then green around the center opening
which permits the water to shoot. Because of the predominant
bright green color, we conclude that the toy complies with the
law and regulations.
(5) Another sample submitted is a True Action Watermatic water
pistol (packaged together with the Hi-Power Squirter designed
like a set of brass knuckles). This toy pistol appears to be one
piece pinkish in color except for the side handgrip areas which
are yellow. Within the yellow handgrip is a small round red
area with the words "scale model" in black. The complete barrel
and muzzle end are pinkish in color except for a small hole in
the center of the muzzle end where a small white plastic piece is
inside of the muzzle end.
In view of the fact that this Watermatic water pistol is
predominantly pinkish in color, but is in combination with bright
yellow on the side handgrip areas, we conclude that the toy water
gun complies with the regulations.
(6) Finally, we have received as a sample the Clear Shot Swivel
Squirt (Imperial Toy Corporation). The toy is of orange color.
The plastic is translucent so that the white tube which carries
the water to the nozzle can be seen through the plastic. The
squeeze trigger and the white tubing inside the toy are the only
parts which are not orange. Therefore, because the toy is orange
and is translucent, it satisfies the marking requirements of
section 1150.3.
HOLDING:
We conclude all 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
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ruling does not extend to any toy guns which differ in any way
from those presented for the purposes of this ruling.
Sincerely,
John F. Atwood, Acting Chief