Reminder - ATF to Require Identification Markings on Imported Explosive Materials, Etc. Effective July 26, 2005
On May 27, 2005, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a final rule, effective July 26, 2005, which amends 27 CFR Part 555 to require licensed importers to identify by marking all explosive materials they import for sale or distribution.
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The ATF has explained that this final rule imposes identification requirements on licensed importers of explosive materials that are substantially similar to the marking requirements already imposed on licensed domestic manufacturers.
In addition, this final rule incorporates into the regulations the provisions of ATF Ruling 75-35 (relating to methods of marking containers of explosive materials), and removes the requirement of 27 CFR 555.55 that a licensee or permittee file for an amended license or permit in order to change the class of explosive materials described in their license or permit from a lower to a higher classification1.
ATF Marking Requirements for Imported Explosive Materials Effective 07/26/05
The ATF's final rule, among other things, amends 27 CFR 555.109, effective July 26, 2005, in order to require the following (partial list):
Marks must contain importer & manufacturer identifying information. Licensed importers who import explosive materials for sale and distribution must place the following marks of identification on the explosive materials they import: (1) the name and address (city and state) of the importer; and (2) the location (city and country) where the explosive materials were manufactured, date, and shift of manufacture. (Where the foreign manufacturer operates his/her plant for only one shift during the day, he/she does not need to show the shift of manufacture.)
Marks must be on "immediate container" and outside packaging container. Licensed importers must place the required marks on each cartridge, bag, or other immediate container of explosive materials that they import, as well as on any outside container used for the packaging of such explosive materials.
Marks must be on explosive materials no later than 15 days after CBP release, etc. Licensed importers must place the required marks on all explosive materials imported prior to distribution or shipment for use, and in no event later than 15 days after the date of release from U.S. Customs and Border Protection (CBP) custody.
Coding system option. If licensed importers desire to use a coding system and omit printed markings on the container that show all the required information, they must file with ATF a letterhead application displaying the coding that they plan to use and explaining the manner of its application. The ATF Director must approve the application before the proposed coding can be used.
ATF Provides Exceptions for Blasting Caps & Authorized Alternative ID Marks
- CFR 555.109(d) provides the following two exceptions to the requirements described in 27 CFR 555.109(a) - (c):
For blasting caps, only containers used for packaging must be marked. Licensed importers are only required to place such identification marks on the containers used for the packaging of blasting caps.
Alternative means of identification must be authorized by ATF. The ATF Director may authorize other means of identifying explosive materials, including fireworks, upon receipt of a letter application from the licensed importer showing that such other identification is reasonable and will not hinder the effective administration of 27 CFR Part 555.
In addition to the changes and amendments made to 27 CFR 555.109, the ATF's final rule also amends 27 CFR 555.41, 555.52, 555.55, and 555.108.
(According to ATF, the term "explosive materials," as defined in 27 CFR 555.11, means explosives, blasting agents, water gels, and detonators, and includes, but is not limited to, all items contained in the "List of Explosive Materials" provided for in 27 CFR 555.23. In addition, 27 CFR 555.202 provides for three classes of explosive materials.)
1 Subscribers should note that incorporating the provisions of ATF Ruling 75-35 into the ATF's regulations affects both explosive materials manufactured in the U.S. and imported explosive materials. The ATF adds that this ruling becomes obsolete upon the effective date of this final rule (i.e. July 26, 2005).
Also, removing the requirement in 27 CFR 555.55 to file for an amended license or permit in order to change the class of explosive materials described in a license or permit from a lower to a higher classification affects both explosive materials manufactured in the U.S. and imported explosive materials.
(See ITT's Online Archives or 06/03/05 news, 05060320, for BP summary of the ATF's final rule. See ITT's Online Archives or 10/30/02 news, 02103020, for BP summary of the proposed rule.)
ATF Contact - James Ficaretta (202) 927-8203
ATF Final Rule (D/N ATF 5F, FR Pub 05/27/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-10618.pdf