Restricted Merchandise: Toy Guns

HQ 452817 May 13, 1992 TRA CO:R:IT:I 452817 TPT CATEGORY: Restricted Merchandise Ms. Theresa Fabiano Toy Max, Inc. Suite 202 77-81 Spruce Street Cedarhurst, NY 11516 RE: Restricted Merchandise: Toy Guns Dear Ms. Fabiano: This is in response to your letter dated February 28, 1992, requesting a binding ruling on a sample toy gun which Toy Max intends to import. Although this office has received and responded to brief requests 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 sample submitted satisfies 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. 2 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 sample submitted for a ruling is the "Pop Bozooka," model number 3001, made in China by Charter King. The main part of the toy bazooka is predominantly bright orange with a movable black piece. There are two attachments which may be connected to the main part. One attachment piece is bright yellow and the other is translucent except at the ends which are yellow. Because this item is complies with section 1150.3(d), it is admissible. HOLDING: We find that the Pop Bozooka complies with the marking regulations and may be imported. This ruling applies to items identical to the sample described above. Sincerely, John F. Atwood, Chief Intellectual Property Rights Branch