Committee on Technical Barriers to Trade - Notification - United States - Firearms

NOTIFICATION

The following notification is being circulated in accordance with Article 10.6

 

1.

Notifying Member: United States of America

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible: Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice [1762]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Inquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Firearms; Military engineering (Vocabularies) (ICS 01.040.95), Domestic safety (ICS 13.120), MILITARY ENGINEERING (ICS 95)

5.

Title, number of pages and language(s) of the notified document: Definition of "Frame or Receiver" and Identification of Firearms (34 page(s), in English)

6.

Description of content: Notice of proposed rulemaking; request for comment - The Department of Justice ("Department") proposes amending

Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") regulations to provide new regulatory definitions of "firearm frame or receiver" and "frame or receiver" because the current regulations fail to capture the full meaning of those terms. The Department also proposes amending ATF's definitions of "firearm" and "gunsmith" to clarify the meaning of those terms, and to provide definitions of terms such as "complete weapon," "complete muffler or silencer device," "privately made firearm," and "readily" for purposes of clarity given advancements in firearms technology. Further, the Department proposes amendments to ATF's regulations on marking and recordkeeping that are necessary to implement these new or amended definitions.

7.

Objective and rationale, including the nature of urgent problems where applicable: National security requirements; Prevention of deceptive practices and consumer protection

8.

Relevant documents:

 86 Federal Register (FR) 27720, 21 May 2021; Title 27 Code of Federal Regulations (CFR) Parts 447, 478 and 479:
https://www.govinfo.gov/content/pkg/FR-2021-05-21/html/2021-10058.htm
https://www.govinfo.gov/content/pkg/FR-2021-05-21/pdf/2021-10058.pdf

This notice of proposed rulemaking; request for comment is identified by Docket Number ATF 2021R-05. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/ATF-2021-0001/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 19 August 2021

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2021/TBT/USA/21_3665_00_e.pdf