TRA CO:R:IT:I 452336 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 letter dated December 4, 1991,
requesting that this office provide a binding ruling on submitted
sample toy guns, model numbers 3021 "AK Centerfire," 3020
"Ripper," 3006 "Avenger," and 3057 "Revenger."
ISSUE:
Whether the samples submitted satisfy the marking
requirements of title 15, U.S.C., 5001 and title 15, C.F.R., Part
1150?
LAW AND ANALYSIS:
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.
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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 "Ripper," model number 3020, is approximately 20 inches
long and seven inches high (no model number appears on any part
of the water gun). It is a pump action water gun. This water
gun is a product of Playtime Products, made in China. The part
which slides along the barrel is pink, so too are the trigger,
the sides of the handgrip, and the "ammunition" magazine which
holds the water. Also, there are pink lines and stripes on the
main portion of the water gun. The rest of the water gun is
blue. We conclude that the blue color is sufficiently bright as
to be in compliance with the marking requirements.
The second sample examined is designated as model number
3021, the AK Centerfire (no model number appears on any part of
the water gun). It is also a product of Playtime Products, made
in China. This water gun is approximately eleven inches long and
seven inches high. The top portion of the water gun is red. The
red color goes down along the sides and is patterned in such a
way as to look like paint running down the sides. The remaining
portion of the water gun is blue except the trigger and the
ammunition magazine which are bright yellow. We conclude that
the blue is sufficiently bright and that the blue and bright
yellow make up a predominant portion of the gun so as to bring
the water gun within the acceptable marking requirements.
The third sample is model number 3006, the Avenger (no model
number appears on any part of the water gun). This water gun is
also a Playtime Products item made in China. This water gun is
approximately six and a half inches in length and eight inches
high (the simulated ammunition magazine which holds the water is
approximately four and a half inches high when properly attached
to the water gun). The water gun is all blue except the trigger
and the simulated ammunition magazine. We conclude that neither
the blue nor the red is sufficiently bright to comply with the
marking requirements of Part 1150.
The last sample is model number 3057, the Zap It Revenger
(no model number appears on any part of the water gun). This
water gun is also a Playtime Products article made in China. The
predominant color is blue. Along the sides are streaks of bright
yellow shaped like the letter Z. The sides of the handgrip are
red. The trigger and the simulated ammunition magazine are a
different shade of red than the sides of the handgrip. This
water gun is approximately eight inches long and six and a half
inches high. We conclude that the predominant blue color of this
water gun is not sufficiently bright to comply with the marking
requirements.
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HOLDING:
We hold that models 3006 (the Avenger), and 3057 (Zap It
Revenger) are not admissible because they fail to comply with the
marking requirements and would be subject to seizure under 19
U.S.C. 1595a(c) for a violation of 15 U.S.C. 5001 and 15 C.F.R.
Part 1150 if imported. We find, however, that models 3021 (AK
Centerfire) and 3020 (Ripper) do comply with the marking
requirements and may be imported so long as the imported items
are identical to the samples submitted for the purposes of this
ruling and if model numbers properly identify the items at the
time of importation.
Sincerely,
John F. Atwood, Chief