TRA CO:R:IT:I 451208 TPT
Michael R. Doram, Esq.
Politis, Pollack & Doram
3255 Wilshire Blvd., Suite 1688
Los Angeles, California 90010
RE: Toy Guns
Dear Mr. Doram:
This is in response to your letter dated May 9, 1991,
submitted with samples of toy guns (Super Cap Gun, model #8248E;
Challenger, model #WD891; Roar Machine, model #3620S). You state
that your client intends to import items identical to the samples
and, therefore, request that this office provide you with a
determination concerning the admissibility of these items.
ISSUE:
Whether the submitted samples comply with the marking
requirements of Title 15, United States Code, section 5001, and
Title 15, Code of Federal Regulations, Part 1150, governing
acceptable markings on toy, imitation, and look-alike firearms?
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
samples.
Section 5001 (15 U.S.C. 5001) mandates that any toy, look-
alike, or imitation firearm 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 they permit 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).
We turn first to the Super Cap Gun. The packaging refers to
this toy gun as a Detective Special. The packaging also
indicates that the item was made in China. It also designates
the gun as U.K. Design No. 1019498.
The Super Cap Gun sample submitted is basically black in
color. The overall length of the toy gun is just over five
inches and the overall height is approximately four inches. The
cylinder is orange in color. The Super Cap Gun also has an
orange piece which fits over the muzzle end of the gun so that it
covers the muzzle end and extends down the barrel a distance of
three-quarters of an inch. This piece which covers the muzzle
end cannot be removed.
Next, we examine the Challenger. The Challenger has the
overall appearance of a machine gun. It is black in color. It
is approximately fifteen inches in length and is seven to eight
inches in height. The ends of the box have the word Wanda with a
R in a circle to indicate a registered trademark. On the muzzle
end, an orange piece fits over the end of the barrel. The orange
piece is open in the center so that a dark red piece protrudes
through the hole. This toy gun is made so that it emits light.
Light emitting toy guns must have a blaze orange marking
permanently affixed to the exterior surface of the barrel. 15
C.F.R. 1150.3(b). The sample submitted does not comply with the
regulations in that the orange piece on the exterior is not
permanently affixed. The orange piece on the submitted sample
was easily removed, thus leaving only the dark red piece
protruding from the muzzle end.
Finally, we turn to the Roar Machine. Contrary to the
requestor's position that this toy does not fall within the
purview of the relevant statute and regulation, Customs
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determines that this toy does have the general appearance, shape
and/or configuration of a firearm. 15 C.F.R. 1150.1. Therefore,
we conclude that the Roar Machine must comply with the marking
requirements.
The Roar Machine is of a gray and silver color. The toy gun
is approximately fifteen inches in length and seven and a half
inches in height. There are three small knobs on one side of the
toy to control volume, speed and tone, and sound. The packaging
indicates that the Roar Machine is a D.Y. Toy Innovation. Other
writing on the box indicates that it is licensed by Fuyaco Corp.,
Taiwan. A plastic orange piece protrudes out of the muzzle end.
This plastic piece has a small opening in the center to emit
light. Although the blaze orange does cover the exterior surface
for a distance of six millimeters, the plastic piece is not
permanently affixed. The orange piece, placed into the muzzle
end of the barrel twists and pulls out. Therefore, it does not
comply.
HOLDING:
We find that the Super Cap Gun does comply with 15 U.S.C.
5001 and 15 C.F.R. Part 1150 and may be entered. However, the
Challenger and Roar Machine toy guns do not comply in that the
orange pieces are not permanently affixed and are subject to
seizure under 19 U.S.C. 1595a(c) if there is an attempt to import
these two articles.
Sincerely,
John F. Atwood, Acting Chief