TRA CO:R:IT:I 452587 TPT
Mr. Charles A. Craig
Quast and Company, Inc.
332 South Michigan Avenue
Chicago, IL 60604
RE: Restricted Merchandise: Toy Guns
Dear Mr. Craig:
This is in response to your letter dated December 19, 1991,
forwarding samples of toy guns and requesting that this office
provide a binding ruling. Although this office has received and
responded to such requests in the past based upon a short request
such as the one you submitted, we will require that future
requests comply with and include the information outlined in Part
177 of the Customs Regulations (enclosed).
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
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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).
In our examination of the samples submitted we make no
assumptions as to the type of toy gun beyond what is described in
the accompanying written request for a ruling. Therefore, all
the samples are ruled upon as samples which do not eject any
object.
The first sample examined is designated by a paper label as
No. 112113. However, this model number does not appear anywhere
on the gun itself. The printing molded onto the sample indicates
that this is an Ingram M-10, 6mm BBAMO, made in Japan. On the
other side of the sample, molded onto the sample, is the word
"Tiger", Pat. P. 1987, TMG-B87600. This sample is all black,
except for the blaze orange plastic piece of the barrel which is
about one and a quarter inches long. The sample is seven and a
half inches in length and five inches in height. This sample
does not comply because it does not have a solid plug.
The next sample is designated as No. 11294P on the paper
label. However, the permanent identifying marks molded onto the
gun indicate that this is a TMG-P83380, Lightning Cal. 9mm Auto,
Tiger Chem. Ind. Co., LTD., made in Osaka, Japan. This sample is
also all black except for the blaze orange piece as the barrel
and a metal, fold down piece to be placed against the shoulder.
When the metal piece is in the "firing" position, the toy is
approximately eleven inches long. With the ammunition magazine
in place the toy gun is approximately seven and a half inches in
height. This gun does not comply because it does not have a
solid plug.
The third sample is designated as No. 11259B on the paper
label. The permanent identifying marks molded onto the gun
indicate that this is a TMG-PB82380, Laser Gun, Tiger, made in
Japan. This gun is also all black, except for a blaze orange
piece extending from the muzzle end of the gun and a white
release button for the ammunition magazine. The toy is
approximately nine inches long and five inches high. Because it
cannot be determined that this is intended to be an ejecting gun,
we conclude that it does not comply since the plug is not solid.
The next sample is designated as No. 11208 on the paper
label. Again, the permanent identifying marks molded onto the
gun indicate that this is a Tiger Automatic MOD P38, TMG-P77100
CAL 6.8mm, made in Japan. The gun is all black, except the brown
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trigger, sliding sight, and blaze orange plastic covering the
exterior of the barrel on the muzzle end. The gun is
approximately five and three-quarters inches long and three and
one-quarter inches high. We conclude that it is not admissible
because it does not have a solid plug.
The fifth sample is designated as No. 10204P on the paper
label. However, the permanent identifying marks molded onto the
gun indicate that this is a Tiger 44 Auto Magnum Model-180, TMG-
P80120, made in Japan. It is all black, except for the brown
trigger and rear sight, and blaze orange plastic piece covering
the exterior of the barrel on the muzzle end. The dimensions are
the same as the preceding sample and is not admissible because
there is no solid plug.
The last sample is designated as No. 10415/7C on the paper
label. The permanent identifying marks molded onto the gun
indicate that this is a P.38 ac 41, 4524, made in Japan. This
gun is all black, except that it has brown handle grips and a
shiny red piece covering the exterior of the barrel at the muzzle
end. This sample is approximately nine inches long and five
inches high. We conclude that this sample is not admissible
because there is no solid plug and the color of the exterior
piece is too dark.
HOLDING:
We conclude that all the samples submitted are 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 because none of the samples have
solid plugs and/or do not meet the blaze orange color
requirement.
Sincerely,
John F. Atwood, Chief
Intellectual Property Rights Branch
Enclosure