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 included in the United States by definition at 847.11. 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. or the When used in this part and in forms prescribed under this part, where not otherwise distinctly expressed manifestly incompatible with 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 exIclude 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, Bureau of Alcohol, Tobacco and Firearms, 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, inIcludes 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 powers of administration, legislation, and jurisdiction. U.S.C. The United States Code. (26 U.S.C. 7805 (68A Stat. 917), 27 U.S.C. 205 (49 Stat. 981 as amended), 18 U.S.C. 926 (82 Stat. 959), and Sec. 38, Arms Export Control Act (22 U.S.C. 2778, 90 Stat. 744)) [T.D. ATF-48, 43 FR 13535, Mar. 31, 1978] Subpart C-The U.S. Munitions Import List § 47.21 The U.S. Munitions Import List. The U.S. Munitions List compiled by the Department of State, Office of Munitions Control, and published at 22 CFR 121.01, with the deletions indicated, has been adopted as an enumeration of the arms, ammunition and implements of war subject to controls under this part. The expurgated list, set out below, shall, fcr the purposes of this part, be known as the U.S. Munitions Import List: THE U.S. MUNITIONS IMPORT LIST CATEGORY I-FIREARMS (a) Nonautomatic and semiautomatic firearms, to caliber .50 inclusive, shotguns with barrels less than 18 inches in length, and all components and parts therefor. (b) Automatic firearms and all components and parts therefor to caliber .50 inclusive. type (c) Insurgency-counterinsurgency firearms or other weapons having a special military application regardless of caliber; and all components and parts therefor. (d) Firearms silencers. (e) Bayonets and specifically designed components therefor. (f) Riflescopes (except sporting type sights including optical) and specifically designed components therefor. NOTE: Rifles, carbines, revolvers, and pistols, to caliber .50 inclusive, and shotguns with barrels less than 18 inches in length, are included under Category I(a). Machineguns, submachineguns, machine pistols and fully automatic rifles to caliber .50 inclusive are included under Category I(b). (See definitions) (c) Components and parts including, but not limited to, mounts and carriages for the articles in paragraphs (a) and (b) of this Category. CATEGORY III-AMMUNITION (a) Ammunition for the arms in Categories I and II. (b) The following components, parts, accessories, and attachments: cartridge cases, powder bags, bullets, jackets, cores, shells (excluding shotgun), projectiles, boosters, fuzes and components therefor, primers, and other detonating devices for such ammunition. (c) Ammunition belting and linking machines. (d) Ammunition manufacturing machines, and ammunition loading machines (except hand loading). NOTE: Cartridge and shell casings are included under Category III unless, prior to their importation, they have been rendered useless beyond the possibility of restoration for use for the purpose originally produced by means of excessive heating, flame treatment, mangling, crushing, cutting, or popping. CATEGORY IV-LAUNCH VEHICLES, GUIDED MISSILES, BALLISTIC MISSILES, ROCKETS, TORPEDOES, BOMBS, AND MINES (a) Launch vehicles, guided missiles, ballistic missiles, bombs, grenades, rockets, torpedoes, rocket torpedoes, depth charges, land and naval mines, and military demolition blocks and blasting caps. (b) Apparatus, devices, and materials for the handling, control, activation, detection, protection, discharge, or detonation of the articles in paragraph (a) of this category. (c) Missile and space vehicle powerplants. (d) Military explosive excavating devices. NOTE: Category IV (e) and (f) of “Munitions List" deleted as inapplicable to imports. (g) All specifically designed components, parts, accessories, attachments, associated specialized production equipment, and equipment for the articles in this category. NOTE: The term "military demolition blocks and blasting caps" as used in category IV(a) does not include the following artiles: (a) Electric squibs. (b) No. 6 and No. 8 blasting caps, including electric. (c) Delay electric blasting caps (including No. 6 and No. 8 millisecond). (d) Seismograph electric blasting caps (including SSS, Static-Master, Vibrocap SR, and SEISMO SR). (e) Oil well perforating devices. Category IV(b) includes inter alia the following: Fuzes and components therefor, bomb racks and shackles, bomb shackle release units, bomb ejectors, torpedo tubes, torpedo and guided missile boosters, guidance system materials (except those having a commercial application), launching racks and projectors, pistols (exploders), igniters, fuze arming devices, intervalometers, and components therefor, guided missile launchers and specialized handling equipment and hardened missile launching facilities. NOTE: Category V of "Munitions List" deleted as inapplicable to imports. CATEGORY VI-VESSELS OF WAR AND SPECIAL (a) Warships, amphibious warfare vessels, landing craft, mine warfare vessels, patrol vessels, auxiliary vessels, service craft, floating dry docks, and experimental types of naval ships. (b) Turrets and gun mounts, missile systems, arresting gear, special weapons systems, protective systems, submarine storage batteries, catapults and other components, parts, attachments, and accessories specifically designed for combatant vessels, including but not limited to, battleships, command ships, guided-missile ships, cruisers, aircraft carriers, destroyers, frigates, escorts, minesweepers, and submarines. (c) Submarine and torpedo nets, and minesweeping equipment. Components, parts, attachments and accessories specifically designed therefor. (d) Harbor entrance magnetic, pressure, and acoustic detection devices, controls and components thereof. (e) Naval nuclear propulsion plants, their land prototypes and special facilities for their construction, support, and maintenance, including any machinery, device, component, or equipment specifically developed or designed for use in such plants or facilities. NOTE: The term "vessels of war" includes, but is not limited to the following: (a) Combatant: (1) Warships (including nuclear-powered versions): Aircraft carriers (CVA, CVE, CVHE, CVL, CVS). Battleships (BB, BBG). Command Ships (CBC, CLC). Cruisers (CA, CAG, CB, CG, CLAA, CLG). Destroyers (DD, DDC, DDE, DDG, DDR, DL, DLG). Submarines (SS, SSB, SSG, SSK, SSR). carrier Gunboats (PCM, PR). Submarine chasers (PC, PCS, SC). (b) Auxiliary vessels and service craft: (2) Auxiliary submarine (AG(SS)). (3) Drone aircraft catapult control craft (YV). (4) Guided Missile ship (AVM). (5) Harbor utility craft (YFU). (6) Icebreaker (AGB). (7) Logistic support ships (AE, AF, AK, AKS, AO, ACE, AOG, AOR, AO(SS), AVS). (8) Miscellaneous auxiliary (AG, IX, YAG). (9) Patrol craft (PT, YP). (10) Target and training submarine (SST). (11) Ocean radar picket ship (AGR). (12) Submersible craft (X). (See Category XX.) (13) Utility aircraft carrier (CVU). (c) Coast Guard patron and service vessels and craft: (1) Submarine repair and berthing barge (YRB). (2) Labor transportation barracks ship (APL). (3) Coast Guard cutter (CGC). (4) Gunboat (WPG). (5) Patrol craft (WPC, WSC). (6) Seaplane tender (WAVP). (7) Icebreaker (WAGB). (8) Radio Ship (WAGR). (9) Special Vessel (WIX). (10) Auxiliary vessels (WAG, WAGE). (11) Other Coast Guard patrol or rescue craft (i) of over 300 horsepower when equipped with a gas turbine engine or engines, and (ii) of over 600 horsepower when equipped with an engine or engines of the internal combustion, reciprocating type. CATEGORY VII-TANKS AND MILITARY VEHICLES (a) Military type armed or armored vehicles, military railway trains, and vehicles fitted with, designed or modified to accommodate mountings for arms or other specialized military equipment. (b) Military tanks, tank recovery vehic) halftracks and gun carriers. (c) Self-propelled guns and howitzers. NOTE: Category VII (d) and (e) of "Mu tions List" deleted as inapplicable to i ports. (f) Amphibious vehicles. (g) All specifically designed componer parts, accessories, attachments, and asso ated equipment, including military bridgi and deep water fording kits for the artic in this Category. NOTE: As used in Category VII(f), the te "amphibious vehicles" includes, but is 1 limited to, automotive vehicles or chas embodying all-wheel drive and equipped meet special military requirements, with aptation features for deep water fordi and sealed electrical systems. CATEGORY VIII-AIRCRAFT, SPACECRAFT, ANI ASSOCIATED EQUIPMENT (a) Aircraft including helicopters. signed, modified, or equipped for milita purposes, including but not limited to t following: Gunnery, bombing, rocket, missile launching, electronic surveillan reconnaissance, refueling, aerial mappi military liaison, cargo carrying or droppin personnel dropping, military traine drones, and lighter-than-air aircraft. NOTE: Category VIII (b) through (1) a Categories IX through XIII of "Munitio List" deleted as inapplicable to imports. NOTE: (a) The term "aircraft” used in C egory VIII means aircraft designed, mo fied, or equipped for military purpose specified in Category VIII, including called "demilitarized" aircraft. (b) Regardless of demilitarization, all a craft bearing an original military desig tion are included in Category VIII, exc the following aircraft which have not be specifically equipped, reequipped, or mc fied for military operations: (1) Cargo aircraft bearing "C" desig tions C-45 through C-118 inclusive, a C-121. (2) Trainer aircraft bearing "T" desig tions and using reciprocating engines only (3) Utility aircraft bearing "U" desig tions and using reciprocating engines only (4) All liaison aircraft bearing an "L" c ignation. CATEGORY XIV-TOXICOLOGICAL AGENTS AN EQUIPMENT, RADIOLOGICAL EQUIPMENT (a) Chemical agents, including lung i tants, vesicants, lachrymators, and t gases, sternutators, and irritant smoke, 1 nerve gases and incapacitating agents. (b) Biological agents adapted for use war to produce death or disablement human beings or animals or to dam crops and plants. (c) Equipment for dissemination, detection, and identification of, and defense against the articles in paragraphs (a) and (b) of this category. (d) Nuclear radiation detection and measuring devices, except such devices as are in normal commercial use. (e) Components, parts, accessories, attachments, and associated equipment specifically designed or modified for the articles in paragraphs (c) and (d) of this category. NOTE: (See Category XIV(a).) The term "chemical agents" includes but is not limited to the following chemical compounds: 1. Lung irritants: (a) Diphenylcyanorarsine (DC). (b) Fluorine (but not fluorene). (c) Trichloronitro methane (Chlorpicrin PS). 2. Vesicants: (a) B Chlorvinyldichlorarsine (Lewisite, L). (b) Bisdichlorethyl sulphide (Mustard gas, HD or H). (c) Ethyldichloroarsine (ED). (d) Dichlorodimethyl ether (CICI). (f) Phenylcarbylamine chloride. (g) Tear gas solutions (CNB and CNS). (h) Tear gas orthochlorobenzal- malononitrile (CS). 4. Sternutators and irritant smokes: (a) Diphenylaminechloroarsine (Adamsite, DM). (b) Diphenylchlorarsine (BA). (c) Liquid pepper. 5. Nerve gases. These are toxic compounds which affect the nervous system, such as: (a) Dimethylaminoethoxycyanophosphine oxide (GA). (b) Methylisopropoxyfluorophosphine (b) Any article, material, equipment, or device, which is specifically designed or specifically modified for use in the devising, carrying out, or evaluating of nuclear weapons tests or any other nuclear explosions except such items as are in normal commercial use for other purposes. (c) Cold cathode tubes such as krytrons and sprytrons. NOTE: Categories XVII and XVIII of "Munitions List" deleted as inapplicable to imports. CATEGORY XIX-[RESERVED] CATEGORY XX-OCEANOGRAPHIC AND (a) Submersible vessels, manned and unmanned, designed for military purposes or having independent capability to maneuver vertically or horizontally at depths below 1,000 feet. (b) Submersible vessels, manned or unmanned, designed in whole or in part from technology developed by or for the U.S. Armed Forces. (c) Any of the articles in Categories VI, IX, XI, XIII and elsewhere in this list that may be used with submersible vessels. (d) Equipment, components, parts, accessories, and attachments designed specifically for any of the articles in paragraphs (a) and (b) of this category. NOTE: Any oceanographic and associated equipment assigned a military designation shall constitute an article on the U.S. Munitions List, whether expressly enumerated therein. CATEGORY XXI-[RESERVED] CATEGORY XXII-MISCELLANEOUS ARTICLES Any article not enumerated herein having significant military applicability, determined by the Director, Office of Munitions Control, Department of State, in consultation with appropriate agencies of the Government and having the concurrence of the Department of Defense. [T.D. ATF-8, 39 FR 3251, Jan. 25, 1974, as amended at 39 FR 4760, Feb. 7, 1974] § 47.22 Forgings, castings, and machined bodies. Items in a partially completed state, such as forgings, castings, extrusions, and machined bodies of any of the articles enumerated on the Import List which have reached a stage in manufacture where they are clearly identifiable as arms, ammunition, and implements of war are considered to be such articles for the purposes of section 414 |