27 CFR 555.122 Records Maintained by Licensed Importer

Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
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
record required to be kept under the
Act and the regulations in this part.
(Approved by the Office of Management and
Budget under control number 1140–0030)

kpayne on VMOFRWIN702 with $$_JOB

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–172, 49 FR 14941, Apr.
16, 1984; ATF No. 1, 68 FR 13790, Mar. 20, 2003;
ATF–11F, 73 FR 57242, Oct. 2, 2008]

§ 555.122 Records maintained by licensed importers.
(a) Each licensed importer shall take
true and accurate physical inventories
which will include all explosive materials on hand required to be accounted
for in the records kept under this part.
The licensed importer shall take a special inventory
(1) At the time of commencing business, which is the effective date of the
license issued upon original qualification under this part;

§ 555.122

(2) At the time of changing the location of his business to another region;
(3) At the time of discontinuing business; and
(4) At any time the Director, Industry Operations may in writing require.
Each special inventory is to be prepared in duplicate, the original of
which is submitted to the Director, Industry Operations, and the duplicate
retained by the licensed importer. If a
special inventory specified by paragraphs (a) (1) through (4) of this section
has not been taken during the calendar
year, at least one physical inventory
will be taken. However, the record of
the yearly inventory, other than a special inventory required by paragraphs
(a) (1) through (4) of this section, will
remain on file for inspection instead of
being sent to the Director, Industry
Operations. (See also § 555.127.)
(b) Each licensed importer shall, not
later than the close of the next business day following the date of importation or other acquisition of explosive
materials, enter the following information in a separate record:
(1) Date of importation or other acquisition.
(2) Name or brand name of manufacturer and country of manufacture.
(3) Manufacturer’s marks of identification.
(4) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).
(5) Description (dynamite (dyn),
blasting agents (ba), detonators (det),
display fireworks (df), etc.) and size
(length and diameter or diameter only
of display fireworks).
(c) Each licensed importer shall, not
later than the close of the next business day following the date of distribution of any explosive materials to another licensee or a permittee, enter in
a separate record the following information:
(1) Date of disposition.
(2) Name or brand name of manufacturer and country of manufacture.
(3) Manufacturer’s marks of identification.
(4) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).

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§ 555.123

27 CFR Ch. II (4–1–19 Edition)

(5) Description (dynamite (dyn),
blasting agents (ba), detonators (det),
display fireworks (df), etc.) and size
(length and diameter or diameter only
of display fireworks).
(6) License or permit number of licensee or permittee to whom the explosive materials are distributed.
(d) The Chief, Explosives Industry
Programs Branch may authorize alternate records to be maintained by a licensed importer to record his distribution of explosive materials when it is
shown by the licensed importer that alternate records will accurately and
readily disclose the information required by paragraph (c) of this section.
A licensed importer who proposes to
use alternate records shall submit a
letter application to the Chief, Explosives Industry Programs Branch and
shall describe the proposed alternate
records and the need for them. Alternate records are not to be employed by
the licensed importer until approval is
received from the Chief, Explosives Industry Programs Branch.
(e) Each licensed importer shall
maintain separate records of the sales
or other distribution made of explosive
materials to nonlicensees or nonpermittees. These records are maintained as prescribed by § 555.126.
(Approved by the Office of Management and
Budget under control number 1140–0030)

kpayne on VMOFRWIN702 with $$_JOB

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–172, 49 FR 14941, Apr.
16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5,
1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998;
ATF–11F, 73 FR 57242, Oct. 2, 2008; ATF
2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 555.123 Records maintained by licensed manufacturers.
(a) Each licensed manufacturer shall
take true and accurate physical inventories which will include all explosive
materials on hand required to be accounted for in the records kept under
this part. The licensed manufacturer
shall take a special inventory
(1) At the time of commencing business, which is the effective date of the
license issued upon original qualification under this part;
(2) At the time of changing the location of his premises to another region;
(3) At the time of discontinuing business; and

(4) At any other time the Director,
Industry Operations may in writing require. Each special inventory is to be
prepared in duplicate, the original of
which is submitted to the Director, Industry Operations, and the duplicate
retained by the licensed manufacturer.
If a special inventory required by paragraphs (a) (1) through (4) of this section
has not been taken during the calendar
year, at least one physical inventory
will be taken. However, the record of
the yearly inventory, other than a special inventory required by paragraphs
(a) (1) through (4) of this section, will
remain on file for inspection instead of
being sent to the Director, Industry
Operations. (See also § 555.127.)
(b) Each licensed manufacturer shall
not later than the close of the next
business day following the date of manufacture or other acquisition of explosive materials, enter the following information in a separate record:
(1) Date of manufacture or other acquisition.
(2) Manufacturer’s marks of identification.
(3) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).
(4) Name, brand name or description
(dynamite (dyn), blasting agents (ba),
detonators (det), display fireworks (df),
etc.) and size (length and diameter or
diameter only of display fireworks).
(c) Each licensed manufacturer shall,
not later than the close of the next
business day following the date of distribution of any explosive materials to
another licensee or a permittee, enter
in a separate record the following information:
(1) Date of disposition.
(2) Name or brand name of manufacturer or name of importer, as applicable, if acquired other than by his own
manufacture.
(3) Manufacturer’s marks of identification.
(4) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).
(5) Description (dynamite (dyn),
blasting agents (ba), detonators (det),
display fireworks (df), etc.) and size

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