TRA CO:R:IT:I 452347 TPT
Thomas C. Goldblatt, Esq.
Strombecker Corporation
600 N. Pulaski Rd.
Chicago, IL 60624-1083
RE: Admissibility of Toy Guns
Dear Mr. Goldblatt:
This is in response to your letter dated December 5, 1991,
requesting that this office provide a binding ruling on submitted
sample toy guns, model numbers 7118 (Competition Match Pump Shot
Gun) and 7155 (MP5 Assault Rifle).
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.
2
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 Competition Match Pump Shot Gun, model no. 7118, is made
in China. The toy gun is approximately 25 inches long. The
stock and pump action part are brown and the rest of the toy gun
is black. No model number appears on the toy gun. A plastic
orange piece covers the muzzle end and the exterior of the barrel
for a depth of more than two inches. The plastic orange piece is
permanent in that it could not be removed by hand. We conclude
that the orange piece covering the muzzle end complies with the
marking requirements.
The MP5 Assault Rifle, model no. 7155, is approximately 20.5
inches in length when the stock is not pulled out. The toy gun
is predominantly black. One side of the toy gun has lettering
which indicates that the item is made in China. The words and
letters "Esquire/Nichols H&K MP5" also appear on the item. Two
orange colored pieces are also part of the item. At the muzzle
end is a piece which is screwed onto the main body. The orange
piece is approximately four inches long at the muzzle end with a
solid covering over the muzzle. Another orange piece is located
at the stock end. We find that this item meets the marking
requirements.
HOLDING:
We hold that the two samples, models 7118 and 7155,
discussed above are admissible because they comply with the
marking requirements of 15 U.S.C. 5001 and 15 C.F.R. Part 1150.
Sincerely,
John F. Atwood, Chief