27 CFR 447.45 Importation

ehiers on DSK5VPTVN1PROD with CFR

§ 447.45

27 CFR Ch. II (4–1–16 Edition)

proposed importation to be inconsistent with the purpose or in violation
of section 38, Arms Export Control Act
of 1976 or the regulations in this part.
(b) Whenever, after appropriate consideration, a permit application is denied or an outstanding permit is revoked, suspended, or revised, the applicant or permittee shall be promptly advised in writing of the appropriate ATF
officer’s decision and the reasons therefor.
(c) Upon written request made within
30 days after receipt of an adverse decision, the applicant or permittee shall
be accorded an opportunity to present
additional information and to have a
full review of his case by the appropriate ATF officer.
(d) Unused, expired, suspended, or revoked permits must be returned immediately to the appropriate ATF officer.

(v) The model;
(vi) The caliber, gauge, or size;
(vii) The serial number in the case of
firearms, if known; and
(viii) The number of defense articles
released.
(b) Within 15 days of the date of their
release from Customs custody, the importer of the articles released will forward to the address specified on the
form a copy of Form 6A on which will
be reported any error or discrepancy
appearing on the Form 6A certified by
Customs and serial numbers if not previously provided on ATF Form 6A.

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985]

§ 447.46 Articles in transit.
Articles subject to the import permit
procedures of this subpart which enter
the United States for temporary deposit pending removal therefrom and
such articles which are temporarily
taken out of the United States for return thereto shall be regarded as in
transit and will be considered neither
imported nor exported under this part.
Such transactions are subject to the
Intransit or Temporary Export License
procedures of the Department of State
(see 22 CFR Part 123).

(Approved by the Office of Management and
Budget under control number 1140–0007)
[T.D. ATF–215, 50 FR 42161, Oct. 18, 1985, as
amended by T.D. ATF–426, 65 FR 38197, June
20, 2000; T.D. ATF–484, 67 FR 64526, Oct. 21,
2002; TD ..ATF–11F, 73 FR 57240, Oct. 2, 2008]

§ 447.45 Importation.
(a) Articles subject to the import permit procedures of this subpart imported into the United States may be
released from Customs custody to the
person authorized to import same upon
his showing that he has a permit for
the importation of the article or articles to be released. For articles in Categories I and III imported by a registered importer, the importer will also
submit to Customs a copy of the export
license authorizing the export of the
article or articles from the exporting
country. If the exporting country does
not require issuance of an export license, the importer must submit a certification, under penalty of perjury, to
that effect.
(1) In obtaining the release from Customs custody of an article imported
pursuant to a permit, the permit holder will prepare and file Form 6A according to its instructions.
(2) The ATF Form 6A must contain
the information requested on the form,
including:
(i) The name, address, and license
number (if any) of the importer;
(ii) The name of the manufacturer of
the defense article;
(iii) The country of manufacture;
(iv) The type;

[T.D. ATF–8, 39 FR 3251, Jan. 25, 1974, as
amended by T.D. ATF–215, 50 FR 42161, Oct.
18, 1985]

Subpart F—Miscellaneous
Provisions
§ 447.51 Import certification and delivery verification.
Pursuant to agreement with the
United States, certain foreign countries are entitled to request certification of legality of importation of articles on the U.S. Munitions Import
List. Upon request of a foreign government, the appropriate ATF officer will
certify the importation, on Form ITA–
645P/ATF–4522/DSP53, for the U.S. importer. Normally, the U.S. importer
will submit this form at the time he
applies for an import permit. This document will serve as evidence to the

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