TRA CO:R:IT:I 451293 TPT
Michael R. Doram, Esq.
Politis, Pollack & Doram
3255 Wilshire Blvd.
Suite 1688
Los Angeles, CA 90010
RE: Admissibility of Toy Guns
Dear Mr. Doram:
This is in response to your request for a binding ruling
dated May 31, 1991, regarding the sample 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.
2
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 toy gun is made in Taiwan. In raised
letters the word "ROARGUN" appears on the sample. The model
number, 3620S, is printed at the corners of the box. On one side
of the toy there are three black, round controls that may be
turned. The sample is otherwise metallic silver in color. A
blaze orange plastic piece protrudes out of the muzzle end of the
barrel. The toy is made to be operated with a battery and to
emit light. Because it is a light emitting toy and the blaze
orange is affixed to the exterior for a depth of six millimeters,
it is determined to meet the marking regulations.
The second sample is called the "Warrior." The box has
"Warrior" printed on it and the toy gun has labels affixed with
the word "Warrior." The model number, 9110, is printed on the
box. The box and gun indicate that the gun is made in China.
The gun is approximately fourteen inches in length and seven
inches high. It is predominantly black. The trigger and the
piece which stores the batteries are bright orange. The muzzle
end of the barrel is covered by a plug which allows a dark red
plastic piece to protrude. Because it is a light emitting toy
gun, the blaze orange does not have to be solid, but must cover
the exterior of the barrel for a distance of at least six
millimeters. After examining this item, we find that the marking
complies with the relevant statute and regulations.
3
HOLDING:
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.
Sincerely,
John F. Atwood, Chief
Intellectual Property Rights Branch