1,000×0.991 equals 991 wine gallons, the corrected gallonage at 60 degrees Fahrenheit. Example. It is desired to ascertain the capacity of a container of 190 proof spirits at 76 degrees Fahrenheit, shown by Table 2 to contain 55.1 wine gallons at 60 degrees Fahrenheit: 55.1 divided by 0.991 equals 55.6 wine gallons, the true capacity of the container when filled with spirits of 60 degrees temperature. It will be noted the table is prepared in multiples of 5 percent of proof and 2 degrees temperature. Where the spirits to be corrected are of an odd temperature, one-half of the difference, if any, between the factors for the next higher and lower temperature, should be added to the factor for the next higher temperature. Example. It is desired to correct spirits of 180 proof at 51 degrees temperature: 1.006 (50°)-1.005 (52°)=0.001 divided by 2=0.0005 0.0005+1.005-1.0055 correction factor at 51 °F. Example. It is desired to correct spirits of 180 proof at 53 degrees temperature: 1.005 (52°)-1.003 (54°)=0.002 divided by 2=0.001 0.001+1.003=1.004 correction factor at 53 •F. Where the percent of proof is other than a multiple of five, the difference, if any, between the factors for the next higher and lower proofs should be divided by five and multiplied by the degrees of proof beyond the next lower proof, and the fractional product so obtained should be added to the factor for the next lower proof (if the temperature is above 60 degrees Fahrenheit, the fractional product so obtained must be subtracted from the factor for next lower proof), or if it is also necessary to correct the factor because of odd temperature, to the temperature corrected factor for the next lower proof. Example. It is desired to ascertain the correction factor for spirits of 112 proof at 47 degrees temperature: 1.006 (46°)-1.005 (48°)=0.001 divided by 2=0.0005 0.0005+1.005-1.0055 corrected factor at 47 °F. 1.007 (115 proof) – 1.006 (110 proof)=0.001 0.001 divided by 5-0.0002 (for each percent of proof)×2 (for 112 proof)=0.0001 § 30.71 Optional method for determination of proof for spirits containing solids of 400 milligrams or less per 100 milliliters. The proof of spirits shall be determined to the nearest tenth degree which shall be the proof used in determining the proof gallons and all fractional parts thereof to the nearest tenth proof gallon. The proof of spirits containing solids of 400 milligrams or less per 100 milliliters shall be determined by the use of a hydrometer and a thermometer in accordance with the provisions of § 30.23. However, notwithstanding the provisions of § 30.31, the proprietor may, at his option, add to the proof so determined the obscuration determined as prescribed in § 30.32. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended, 1362, as amended (26 U.S.C. 5211)) § 30.72 Recording obscuration by proprietors using the optional method for determination of proof. Any proprietor using the optional method for determination of proof for spirits containing solids of 400 milligrams or less per 100 milligrams as provided in § 30.71 shall record the obscuration so determined on the record of gauge required by 27 CFR Part 19. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended, 1362, as amended (26 U.S.C. 5211)) Example. It is desired to ascertain the weight of 100 wine gallons of 190 proof spirits: 6.79434x100 equals 679.43 pounds, net weight of 100 wine gallons of 190 proofs spirits. Example. It is desired to ascertain the weight of 100 proof gallons of 190 proof spirits. 3.57597×100 equals 357.60 pounds, net weight of 100 proof gallons of 190 proof spirits. The slight variation between this table and Tables 2 and 3 on some calculations is due to dropping or adding of fractions beyond the first decimal on those tables. This table also shows the weight per wine gallon (at the prevailing temperature) corresponding to each uncorrected reading of a proof hydrometer. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended (26 U.S.C. 5204)) § 30.66 Table 6, showing respective volumes of alcohol and water and the specific gravity in both air and vacuum of spirituous liquor. This table provides an alternate method for use in ascertaining the quantity of water needed to reduce the strength of distilled spirits by a definite amount. To do this, divide the alcohol in the given strength by the alcohol in the required strength, multiply the quotient by the water in the required strength, and subtract the water in the given strength from the product. The remainder is the number of gallons of water to be added to 100 gallons of spirits of the given strength to produce a spirit of a required strength. Example. It is desired to reduce spirits of 191 proof to 188 proof. We find that 191 proof spirits contains 95.5 parts alcohol and 5.59 parts water, and 188 proof spirits contains 94.0 parts alcohol and 7.36 parts water. 95.5 (the strength of 100 wine gallons of spirits at 191 proof) divided by 94.0 (the strength of 100 wine gallons of spirits at 188 proof) equals 1.01. 7.36 (the water in 188 proof) multiplied by 1.01 equals 7.43. 7.43 less 5.59 (the water in 191 proof spirits) equal 1.84 gallons of water to be added to each 100 wine gallons of 191 proof spirits to be reduced. This rule is applicable for reducing to any proof; but when it is desired to reduce to 100 proof, it is sufficient to point off two decimals in the given proof, multiply by 53.73, and deduct the water in the given strength. Thus, to reduce 112 proof spirits to 100 proof: 1.12×53.73-47.75 equals 12.42 gallons of water to be added to each 100 wine gallons of spirits to be reduced. This table may also be used to obtain the proof gallonage of spirituous liquor according to weight and percent of proof. Example. It is desired to determine the number of gallons in 400 pounds of spirits of 141 percent of proof. Multiply the weight of one gallon of water in air by the specific gravity in air of the spirits-8.32823 by 0.88862-the product (7.40063) divided into 400 gives 54.049 wine gallons, which rounded to the nearest hundredth is 54.05 and multiplied by 1.41 gives 76.2 proof gallons. In rounding off where the decimal is less than five, it will be dropped; if it is five or over a unit will be added. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended (26 U.S.C. 5204)) § 30.67 Table 7, for correction of volume of spirituous liquors to 60 degrees Fahrenheit. This table is prescribed for use in correcting spirits to volume at 60 degrees Fahrenheit. To do this, multiply the wine gallons of spirits which it is desired to correct to volume at 60 degrees Fahrenheit by the factor shown in the table at the percent of proof and temperature of the spirits. The product will be the corrected gallonage at 60 degrees Fahrenheit. This table is also prescribed for use in ascertaining the true capacity of containers where the wine gallon contents at 60 degrees Fahrenheit have been determined by weight in accordance with Tables 2, 3, 4, or 5. This is accomplished by dividing the wine gallons at 60 degrees Fahrenheit by the factor shown in the table at the percent of proof and temperature of the spirits. The quotient will be the true capacity of the container. Example. It is desired to ascertain the volume at 60 degrees Fahrenheit of 1,000 wine gallons of 190 proof spirits at 76 degrees Fahrenheit: 1,000×0.991 equals 991 wine gallons, the corrected gallonage at 60 degrees Fahrenheit. Example. It is desired to ascertain the capacity of a container of 190 proof spirits at 76 degrees Fahrenheit, shown by Table 2 to contain 55.1 wine gallons at 60 degrees Fahrenheit: 55.1 divided by 0.991 equals 55.6 wine gallons, the true capacity of the container when filled with spirits of 60 degrees temperature. It will be noted the table is prepared in multiples of 5 percent of proof and 2 degrees temperature. Where the spirits to be corrected are of an odd temperature, one-half of the difference, if any, between the factors for the next higher and lower temperature, should be added to the factor for the next higher temperature. Example. It is desired to correct spirits of 180 proof at 51 degrees temperature: 1.006 (50°)-1.005 (52°)=0.001 divided by 2=0.0005 0.0005+1.005=1.0055 correction factor at 51 •F. Example. It is desired to correct spirits of 180 proof at 53 degrees temperature: 1.005 (52°)-1.003 (54°)=0.002 divided by 2=0.001 0.001+1.003=1.004 correction factor at 53 °F. Where the percent of proof is other than a multiple of five, the difference, if any, between the factors for the next higher and lower proofs should be divided by five and multiplied by the degrees of proof beyond the next lower proof, and the fractional product so obtained should be added to the factor for the next lower proof (if the temperature is above 60 degrees Fahrenheit, the fractional product so obtained must be subtracted from the factor for next lower proof), or if it is also necessary to correct the factor because of odd temperature, to the temperature corrected factor for the next lower proof. Example. It is desired to ascertain the correction factor for spirits of 112 proof at 47 degrees temperature: 1.006 (46°)-1.005 (48°)=0.001 divided by 2=0.0005 0.0005+1.005=1.0055 corrected factor at 47 °F. 1.007 (115 proof)–1.006 (110 proof)=0.001 0.001 divided by 5-0.0002 (for each percent of proof)×2 (for 112 proof)=0.0001 The proof of spirits shall be determined to the nearest tenth degree which shall be the proof used in determining the proof gallons and all fractional parts thereof to the nearest tenth proof gallon. The proof of spirits containing solids of 400 milligrams or less per 100 milliliters shall be determined by the use of a hydrometer and a thermometer in accordance with the provisions of § 30.23. However, notwithstanding the provisions of § 30.31, the proprietor may, at his option, add to the proof so determined the obscuration determined as prescribed in § 30.32. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended, 1362, as amended (26 U.S.C. 5211)) § 30.72 Recording obscuration by proprietors using the optional method for determination of proof. Any proprietor using the optional method for determination of proof for spirits containing solids of 400 milligrams or less per 100 milligrams as provided in § 30.71 shall record the obscuration so determined on the record of gauge required by 27 CFR Part 19. (Sec. 201, Pub. L. 85-859, 72 Stat. 1358, as amended, 1362, as amended (26 U.S.C. 5211)) ་་་་་་ Sec. 47.62 False statements or concealment of facts. 47.63 Seizure and forfeiture. AUTHORITY: 5 U.S.C. 301; 18 U.S.C. 926; 22 U.S.C. 2778; 44 U.S.C. 3504(h). SOURCE: T.D. ATF-8, 39 FR 3251, Jan 25, 1974, unless otherwise noted. Subpart A-Scope § 47.1 General. Arms The regulations in this part relate to that portion of Section 38, Export Control Act of 1976, as amended, which is concerned with the importation of arms, ammunition and imple ments 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 restriczons applicable to certain countries, exemptions. US military firearms or and smmunition, penalties, seizures, and All designations Forfeitures. changes in designation of articles subLees 20 import control under Section 44 of the Mutual Security Act of 1964, as amended, have the concurrence of the Secretary of State and ne Secretary of Defense. T 9 FR 3251. Jan 25, 1974, B5 $42 Reation to other laws and regula huse tems on the US Varcons Inport List (see § 47.21 that are freams" or "nition" D & JSC. 921 a) are sub*****mterstate and foreign comterte undis contained in Chapter Led 730 and 27 CFR Part Yes are firestus" within An 26 USC VS USO jest to the prov 379 Ang person KAWY I Distress of importing NAIammumtion as defined t 18 U.S.C. 921(a) must obtain a license under the provisions of 27 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 27 CFR Part 179. Such licensing, registration and special tax requirements are in addition to registration under Subpart D of this part. (b) The permit procedures of Subpart E of this part are applicable to all importations of articles on the U.S. Munitions Import List not subject to controls under 27 CFR Part 178 or 179. U.S. Munitions Import List articles subject to controls under 27 CFR Part 178 or 27 CFR Part 179 are subject to the import permit procedures of those regulations if imported into the United States (within the meaning of 27 CFR Parts 178 and 179). (c) 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 27 CFR Part 178 but are not exempt from control under Section 38, Arms Export Control Act of 1976, 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. [T.D. ATF-215, 50 FR 42158, Oct. 18, 1985] 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 manifestly incompatible with 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. An officer or employee of the Bureau of Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions relating to the administration or enforcement of this part. Article. 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 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 substance useful in war which, by its ordinary and direct chemical action, produces a powerful physiological effect. Defense articles. Any item designated in § 47.21 or § 47.22. This term includes models, mockups, and other such items which reveal technical data directly relating to § 47.21 or § 47.22. For purposes of Category XXII, any item enumerated on the U.S. Munitions List (22 CFR Part 121). Defense services. (a) The furnishing of assistance, including training, to foreign persons in the design, engineering, development, production, processing, manufacture, use, operation, overhaul, repair, maintenance, modification, or reconstruction of defense articles, whether in the United States or abroad; or (b) The furnishing to foreign persons of any technical data, whether in the United States or abroad. Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the Department of the Treasury, Washington, D.C. 20226. Executed under the penalties of perjury. Signed with the prescribed declaration under the penalties of perjury as provided on or with respect to the application, form, or other document or, where no form of declaration is prescribed, with the declaration: "I declare under the penalties of perjury that this (insert type of document such as statement, certificate, application, or other document), including the documents submitted in support thereof, has been examined by me and, to best of my knowledge and belief, is true, correct, and complete." |