27 CFR 555.109 Identification of Explosive Materials

§ 555.107

27 CFR Ch. II (4–1–20 Edition)

if the requirements of § 555.105(a)(7) or
(b)(7) are fully met.

§ 555.109 Identification
materials.

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981. Redesignated by T.D. ATF–487, 68 FR 3748, Jan.
24, 2003, as amended by ATF No. 1, 68 FR
13790, Mar. 20, 2003]

(a) General. Explosive materials,
whether manufactured in the United
States or imported, must contain certain marks of identification.
(b) Required marks—(1) Licensed manufacturers. Licensed manufacturers who
manufacture explosive materials for
sale or distribution must place the following marks of identification on explosive materials at the time of manufacture:
(i) The name of the manufacturer;
and
(ii) The location, date, and shift of
manufacture. Where a manufacturer
operates his plant for only one shift
during the day, he does not need to
show the shift of manufacture.
(2) Licensed importers. (i) Licensed importers who import explosive materials
for sale or distribution must place the
following marks of identification on
the explosive materials they import:
(A) The name and address (city and
state) of the importer; and
(B) The location (city and country)
where the explosive materials were
manufactured, date, and shift of manufacture. Where the foreign manufacturer operates his plant for only one
shift during the day, he does not need
to show the shift of manufacture.
(ii) 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 Customs custody.
(c) General requirements. (1) The required marks prescribed in this section
must be permanent and legible.
(2) The required marks prescribed in
this section must be in the English language, using Roman letters and Arabic
numerals.
(3) Licensed manufacturers and licensed importers must place the required marks on each cartridge, bag, or
other immediate container of explosive
materials that they manufacture or
import, as well as on any outside container used for the packaging of such
explosive materials.
(4) Licensed manufacturers and licensed importers may use any method,
or combination of methods, to affix the

§ 555.107

Record of transactions.

Each licensee and permittee shall
keep records of explosive materials as
required by subpart G of this part.
§ 555.108

Importation.

kpayne on VMOFRWIN702 with $$_JOB

(a) Explosive materials imported or
brought into the United States by a licensed importer or holder of a user permit may be released from customs custody to the licensed importer or holder
of a user permit upon proof of his status as a licensed importer or holder of
a user permit. Proof of status must be
made by the licensed importer or holder of a user permit furnishing to the
customs officer a certified copy of his
license or permit (see § 555.103).
(b) A nonlicensee or nonpermittee
may import or bring into the United
States commercially manufactured
black powder in quantities not to exceed 50 pounds. Upon submitting to the
customs officer completed ATF F
5400.3, certifying that the black powder
is intended to be used solely for sporting, recreational, or cultural purposes
in antique firearms or in antique devices, black powder may be released
from customs custody. The disposition
of the executed ATF F 5400.3 will be in
accordance with the instructions on
the form.
(c) The provisions of this section are
in addition to, and are not in lieu of,
any applicable requirement under 27
CFR Part 447.
(d) For additional requirements relating to the importation of plastic explosives into the United States on or
after April 24, 1997, see § 555.183.
(e) For requirements relating to the
marking of imported explosive materials, see § 555.109.
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–387, 62 FR 8376, Feb.
25, 1997; ATF No. 1, 68 FR 13790, Mar. 20, 2003;
ATF 5F, 70 FR 30633, May 27, 2005]

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of

explosive

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
required marks to the immediate container of explosive materials, or outside containers used for the packaging
thereof, provided the identifying marks
are legible, permanent, show all the required information, and are not rendered unreadable by extended periods
of storage.
(5) If licensed manufacturers or licensed importers desire to use a coding
system and omit printed markings on
the container that show all the required information specified in paragraphs (b)(1) and (2) of this section,
they must file with ATF a letterhead
application displaying the coding that
they plan to use and explaining the
manner of its application. The Director
must approve the application before
the proposed coding can be used.
(d) Exceptions—(1) Blasting caps. Licensed manufacturers or licensed importers are only required to place the
identification marks prescribed in this
section on the containers used for the
packaging of blasting caps.
(2) Alternate means of identification.
The Director may authorize other
means of identifying explosive materials, including fireworks, upon receipt
of a letter application from the licensed manufacturer or licensed importer showing that such other identification is reasonable and will not
hinder the effective administration of
this part.
(Approved by the Office of Management and
Budget under control numbers 1140–0055 and
1140–0062)
[ATF 5F, 70 FR 30633, May 27, 2005, as amended by ATF–11F, 73 FR 57242, Oct. 2, 2008]

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§ 555.110 Furnishing of samples (Effective on and after January 24, 2003).
(a) In general. Licensed manufacturers and licensed importers and persons
who manufacture or import explosive
materials or ammonium nitrate must,
when required by letter issued by the
Director, furnish—
(1) Samples of such explosive materials or ammonium nitrate;
(2) Information on chemical composition of those products; and
(3) Any other information that the
Director determines is relevant to the
identification of the explosive mate-

rials or to identification of the ammonium nitrate.
(b) Reimbursement. The Director will
reimburse the fair market value of
samples furnished pursuant to paragraph (a) of this section, as well as reasonable costs of shipment.
(Approved by the Office of Management and
Budget under control number 1140–0073)
[ATF No. 1, 68 FR 13790, Mar. 20, 2003]

Subpart G—Records and Reports
§ 555.121

General.

(a)(1) Licensees and permittees shall
keep records pertaining to explosive
materials in permanent form (i.e., commercial invoices, record books) and in
the manner required in this subpart.
(2) Licensees and permittees shall
keep records required by this part on
the business premises for five years
from the date a transaction occurs or
until discontinuance of business or operations by the licensee or permittee.
(See also § 555.128 for discontinuance of
business or operations.)
(b) ATF officers may enter the premises of any licensee or holder of a user
permit for the purpose of examining or
inspecting any record or document required by or obtained under this part
(see § 555.24). Section 843(f) of the Act
requires licensees and holders of user
permits to make all required records
available for examination or inspection
at all reasonable times. Section 843(f)
of the Act also requires licensees and
permittees (including holders of limited permits) to submit all reports and
information relating to all required
records and their contents, as the regulations in this part prescribe.
(c) Each licensee and permittee shall
maintain all records of importation,
production, shipment, receipt, sale, or
other disposition, whether temporary
or permanent, of explosive materials as
the regulations in this part prescribe.
Sections 842(f) and 842(g) of the Act
make it unlawful for any licensee or
permittee knowingly to make any false
entry in, or fail to make entry in, any

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