been found to be fit for beverage use, there shall be added to each gallon thereof before removal not less than: (1) 810 pounds of sucrose; or

(2) One gallon of concentrated fruit juice of not less than 70 Brix made from the same kind of fruit used in the manufacture of the concentrate;

or

(3) 21⁄2 ounces of any of the following:

(i) Malic acid;

(ii) Citric acid; or (iii) Tartaric acid.

§ 18.128 Concentrate returned from a bonded wine cellar.

(a) General. The proprietor of a concentrate plant may accept the return of concentrate shipped by him to a bonded wine cellar. In such case, the proprietor of the concentrate plant shall:

(1) Give written consent to the proprietor of the bonded wine cellar for such return; and

(2) File, with the regional regulatory administrator, a consent of surety extending the terms of his bond, Form 1694, to cover the return of such concentrate to his plant. (He may, if he so desires, file one consent of surety on his bond to extend the terms thereof to cover all such concentrate which may be so returned to him.) If the regional regulatory administrator approves the application of the proprietor of the bonded wine cellar to return the concentrate, he will send a copy of his approval to the proprietor of the concentrate plant.

(b) Receipt of returned concentrate. When the returned concentrate is received, the proprietor shall note on both copies of the covering Form 3874 any loss in transit or other discrepancy, sign the form, retain one copy, and forward one copy to his regional regulatory administrator before the close of the next business day. The quantity of concentrate received shall be recorded in the proprietor's daily records and shall be reported on an unused line on his monthly report, Form 1695.

Subpart I-Records and Reports

§ 18.141 Records and reports.

Each proprietor shall keep records and submit reports (including applications and notices) as required by this part. These records, and copies of applications, notices, and reports, shall be maintained on or convenient to the concentrate plant, and be available for inspection by ATF officers during business hours. The records and copies of applications, notices and reports shall be retained for not less than three years from the date they were made, or the date of the last entry required to be made in them, whichever is the later. Furthermore, the regional regulatory administrator may require these records and copies of applications, notices, and reports to be kept for an additional period of not more than three years in any case where he determines retention necessary or advisable.

[T.D. ATF-50, 43 FR 20493, May 12, 1978] § 18.142 Photographic copies of records.

Persons who desire to record, copy, or reproduce records required to be preserved under § 18.141 by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original of such records, shall make application to the regional regulatory administrator, in triplicate, to do so, describing:

(a) The records to be reproduced.

(b) The reproduction process to be employed.

(c) The manner in which the reproductions are to be preserved.

(d) The provisions to be made for examining, viewing, and using such reproductions.

The regional regulatory administrator shall not approve any application unless (1) the Director has approved that type of record for 12production and the reproduction process to be employed, and (2) the manner of preservation of the reproductions and the provisions for examining, viewing, and using such reproductions are, in the regional regulatory administrator's

opinion, satisfactory. Whenever records are reproduced under this section, the reproduced records shall be preserved in conveniently accessible files, and provisions shall be made for examining, viewing, and using the reproduced record the same as if it were the original record, and it shall be treated and considered for all purposes as though it were the original record; all provisions of law and regulations applicable to the original record shall be applicable to the reproduced record. As used in this section "original record" shall mean the record required by this part to be maintained or preserved, even though it may be an executed duplicate or other copy of the document.

which the concentrate was produced, (3) the percent of alcohol by volume of the concentrate, and (4) the fold of the concentrate.

(g) Substances received for use in rendering concentrates unfit for use as a beverage.

(h) Substances used in rendering concentrates unfit for use as a beverage or otherwise disposed of. (72 Stat. 1392; 26 U.S.C. 5511)

§ 18.144 Monthly report.

A monthly report, on Form 1695, of concentrate plant operations shall be prepared in duplicate by each proprietor. Where the proprietor has given notice of suspension of operations in accordance with the provisions of § 18.79, a report on Form 1695 need not be prepared or submitted for any month in which there were no operations. The original of each monthly report shall be forwarded to the regional regulatory administrator not later than the fifteenth day of the month succeeding that for which rendered.

§ 18.145 Final report.

When a change in the proprietorship of the concentrate plant occurs, the outgoing proprietor shall enter on his final report, Form 1695, an account of all concentrates transferred to his successor, who shall in turn enter such items on his report, Form 1695, as received from his predecessor. The outgoing proprietor shall make appropriate notation on all forms and records required to be kept by him, showing the change in proprietorship and the date thereof.

Subpart G-Penalties, Seizures and Forfeitures Sec.

47.61 Unlawful importation.

47.62 False statements or concealment of facts.

47.63 Seizure and forfeiture.

AUTHORITY: Sec. 414, Mutual Security Act of 1954, as amended (22 U.S.C. 1934), 68 Stat. 848, and EO 11432, 33 FR 15701, unless otherwise noted.

SOURCE: T.D. ATF-8, 39 FR 3251, Jan. 25, 1974, unless otherwise noted.

Subpart A-Scope

§ 47.1 General.

The regulations in this part relate to that portion of section 414 of the Mutual Security Act of 1954, as amended, which is concerned with the importation of arms, ammunition and implements of war. This part contains the U.S. Munitions Import List and includes procedural and administrative requirements and provisions relating to registration of importers, permits, articles in transit, import certification, delivery verification, import restrictions applicable to certain countries, exemptions, U.S. military firearms or ammunition, penalties, seizures, and forfeitures. All designations and changes in designation of articles subject to import control under section 414 of the Mutual Security Act of 1954, as amended, have the concurrence of the Secretary of State and the Secretary of Defense.

§ 47.2 Relation to other laws and regulations.

(a) All of those items on the U.S. Munitions Import List (see § 47.21) which are "firearms" or "ammunition" as defined in 18 U.S.C. 921(a) are subject to the interstate and foreign commerce controls contained in Chapter 44 of Title 18 U.S.C. and 26 CFR Part 178 and, if they are "firearms" within the definition set out in 26 U.S.C. 5845(a), are also subject to the provi

sions of 26 CFR Part 179. Any person engaged in the business of importing firearms or ammunition as defined in 18 U.S.C. 921(a) must obtain a license under the provisions of 26 CFR Part 178, and if he imports firearms which fall within the definition of 26 U.S.C. 5845(a) must also register and pay special tax pursuant to the provisions of 26 CFR Part 179. Such licensing, registration and special tax requirements are in addition to registration under Subpart D of this part.

(b) The Panama Canal Zone is inIcluded in the United States by definition at § 47.11. It is excluded therefrom in 26 CFR Part 178, however, by virtue of the definitions of "interstate or foreign commerce" and "state" appearing at 26 CFR 178.11. As a result, movement from the Zone to the United States (as described in 26 CFR 178.11) of articles on the U.S. Munitions Import List constitutes an importation for purposes of 26 CFR Part 178 but not for purposes of this part. Conversely, the bringing into the Panama Canal Zone from a foreign country of articles on the U.S. Munitions Import List is an importation under this part but not under 26 CFR Part 178.

(c) The permit procedures of Subpart E of this part are applicable to all importations of articles on the U.S. Munitions Import List coming into the Panama Canal Zone and to importations of all List articles not subject to controls under 26 CFR Part 178 or 179. List articles subject to controls under 26 CFR Part 178 or 26 CFR Part 179 are subject to the import permit procedures of those regulations if imported into the United States (within the meaning of 26 CFR Parts 178 and 179).

(d) Articles on the U.S. Munitions Import List imported for the United States or any State or political subdivision thereof are exempt from the import controls of 26 CFR Part 178 but are not exempt from control under the Mutual Security Act of 1954 unless imported by the United States or any agency thereof. All such importations not imported by the United States or any agency thereof shall be subject to the import permit procedures of Subpart E of this part.

Subpart B-Definitions

§ 47.11 Meaning of terms.

When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed or

with manifestly incompatible the intent thereof, terms shall have the meanings ascribed in this section. Words in the plural form shall include the singular, and vice versa, and words imparting the masculine gender shall include the feminine. The terms "includes" and “including” do not exclude other things not enumerated which are in the same general class or are otherwise within the scope thereof.

ATF Officer. Any officer of the Bureau of Alcohol, Tobacco and Firearms or any agent or other person authorized by law or by the Secretary of the Treasury, or appointed by a Regional Director of the Bureau, or by another principal ATF Officer under delegated authority to perform the duties of an officer of the Bureau of Alcohol, Tobacco and Firearms.

Article. The term "article" shall mean any of the arms, ammunition, and implements of war enumerated in the U.S. Munitions Import List.

Bureau. Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury.

Carbine. A "carbine" is a short barrelled rifle whose barrel is generally not longer than 22 inches and is characterized by light weight.

CFR. The Code of Federal Regulations.

Chemical agent. A "chemical agent" is a substance useful in war which, by its ordinary and direct chemical action, produces a powerful physiological effect.

Director. The Director, the Department of the Treasury, Washington, D.C. 20226.

Firearms. As used in this part, the term "firearm" denotes a weapon not over .50 caliber which will or is designed to or may be readily converted to expel a projectile by the action of an explosive, but shall not include BB and pellet guns or firearms covered by Category I (a) and (e) established to have been manufactured before 1898.

Import or Importation. The term "import" or "importation" means bringing into the United States from a foreign country any of the articles on the Import List, but shall not include intransit, temporary import or temporary export transactions subject to Department of State controls under Title 22, Code of Federal Regulations.

Import List. The list of articles contained in § 47.21 and identified therein as "The U.S. Munitions Import List".

Machinegun. A "machinegun”, “machine pistol”, “submachinegun", or "automatic rifle" is a firearm originally designed to fire, or capable of being fired fully automatically by a single pull of the trigger.

Permit. The term "permit" means the same as "license" for purposes of 22 U.S.C. 1934(c).

Person. The "person" includes a partnership, company, association or corporation, as well as a natural person.

Pistol. A "pistol" is a hand-operated firearm having a chamber integral with, or permanently aligned with, the bore.

Regional regulatory administrator. The principal ATF regional official responsible for administering regulations in this part.

Revolver. A “revolver” is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.

Rifle. A "rifle" is a shoulder firearm discharging bullets through a rifled barrel at least 16 inches in length, including combination and drilling guns.

Sporting type sight including optical. A telescopic sight suitable for daylight use on a rifle, shotgun, pistol, or revolver for hunting or target shooting.

This chapter. Chapter I, Title 27, Code of Federal Regulations.

United States. For the purposes of this part, the term "United States", when used in the geographical sense, unless otherwise expressly defined, includes the several States, the insular possessions of the United States, the Canal Zone, the District of Columbia, and any territory over which the United States exercises all and any