Background

The Department of Justice’s Bureau of Alcohol, Tobacco, Firearms, and Explosives has issued two final rules as well as various notices of proposed rulemaking that would make a number of trade-related changes to its regulations, as summarized below.

Changes to Firearms Activities in Bonded Warehouses. Input may be submitted through Aug. 6 on a notice of proposed rulemaking that would create an exclusion from the Gun Control Act’s and the National Firearms Act’s import requirements for items brought into a bonded warehouse, in addition to the existing exclusion for a foreign-trade zone. The proposed modification would also remove the condition that items may be brought into bonded warehouses and FTZs only “for storage.” The proposal would not exempt merchandise from any applicable customs requirements.

Component Definitions under Arms Export Control Act. Input may be submitted through July 6 on a notice of proposed rulemaking that would amend the DOJ regulations to include terms that the U.S. Munitions List uses to describe the composition of defense articles. Specifically, the proposed rule would amend regulations that implement the Arms Export Control Act to define the compositional terms “component,” “accessories and attachments,” and “part” for purposes of permanent imports under the AECA.

Training Rounds Imports. Input may be submitted through Aug. 4 on a notice of proposed rulemaking that would clarify that certain training rounds do not meet the definition of “ammunition” in the Gun Control Act and are not regulated by the AECA. Less-than-lethal ammunition, which is distinct from training rounds, would still generally be considered ammunition.

List of Proscribed Countries for Import Restrictions. Input may be submitted through July 6 on a notice of proposed rulemaking that would amend the DOJ regulations to remove the existing, outdated list of proscribed countries from which ATF denies applications to permanently import defense articles and services and to update it to reference a State Department list of proscribed countries. The proposal would also remove the list of former Soviet countries from which ATF currently denies applications to permanently import most firearms and ammunition, leaving only Russia as the proscribed country of origin for these imports.

Authorization to Convert Temporary to Permanent Imports. Input may be submitted through Aug. 6 on a notice of proposed rulemaking that would allow importers to apply for ATF authorization to convert items imported temporarily, under a State Department authorization or under the entry clearance requirements for temporary imports in the Export Administration Regulations, to permanent imports in compliance with other applicable federal firearms laws, without having to export and then re-import the items.

Imports of Dual-Use Frames, Receivers, or Barrels. Comments may be submitted no later than Aug. 6 on a notice of proposed rulemaking that would clarify that federal firearms licensees may lawfully import frames, receivers, or barrels that may be used on both sporting and non-sporting firearms if, at the time they are imported, there is an identified firearm sporting configuration for the frame, receiver, or barrel. Further, once the frame, receiver, or barrel is in the U.S. a dual-use frame, receiver, or barrel may be used to assemble a sporting, non-sporting, or National Firearms Act firearm, provided assembling such firearm complies with other federal firearms laws.

Imports of Plastic Explosives. A May 6 final rule amends the DOJ explosives regulations on importing plastic explosives to remove effective from June 5 the provision to submit the required attestation in triplicate.

Regulatory Revisions. A May 6 direct final rule makes administrative and technical clarifying revisions that add conforming references to the Department of Commerce in the relevant processes and respond to regulatory changes already made by the DOC and the Department of State that have effectively divided export and temporary import controls between those two agencies. This rule will enter into force June 6 unless significant adverse comment is received by June 5, in which case it will be withdrawn.

Firearms Dealer Definition. Input may be submitted through Aug. 4 on a notice of proposed rulemaking that would revise regulations implementing the “engaged in the business” definition from the Bipartisan Safer Communities Act. In essence, additional definitions provided in the DOJ’s implementing regulations further defining terms within the statutory definition and including examples of covered activities would be removed.

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