[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Page 29741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10581]


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DEPARTMENT OF JUSTICE

Bureau of Alcohol, Tobacco, Firearms, and Explosives

[Docket No. ATF 2018R-02]


International Trade Data System Test--Cessation of Voluntary 
Export Pilot Project

AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
Department of Justice.

ACTION: Notice.

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SUMMARY: The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) 
announces cessation of its voluntary participation in a U.S. Customs 
and Border Protection (CBP) pilot test of the International Trade Data 
System (ITDS) for processing import and export-related ATF forms and 
data using the Partner Government Agency (PGA) Message Set and the 
Automated Commercial Environment (ACE). The Border Interagency 
Executive Counsel (which oversees ITDS implementation) requires each 
agency to announce the start and cessation of the required pilots. 
ATF's participation for the imports and exports requirements were done 
separately with the imports pilot being completed in 2015. See 81 FR 
60022 (August 31, 2016). This notice now concludes ATF participation in 
the pilot for the exportation requirements. While this notice announces 
the cessation of the pilot program, CBP has not yet announced the date 
that filing entries in ACE will be mandatory. The pilot test allowed 
participating exporters to submit ATF Form 9, Application and Permit 
for Permanent Exportation of Firearms (Form 9), and additional 
information to CBP electronically to obtain CBP certification of 
exportation. During the pilot, CBP validated that information and 
electronically transmitted export information to ATF to satisfy CBP's 
certification requirements.

DATES: This notice is effective on the date of publication in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: National Firearms Act, Industry 
Processing Branch Chief, 244 Needy Road, Martinsburg, WV, 25045, 304-
616-4500, [email protected].

SUPPLEMENTARY INFORMATION: ATF participated in a voluntary CBP pilot 
test of the ITDS involving the use of the PGA Message Set and ACE. See 
81 FR 70441 (October 12, 2016). The pilot allowed exporters to submit 
required data to CBP through ACE for the purposes of obtaining CBP 
release and receipt. CBP validated that information electronically, and 
transmitted entry and release information to ATF to satisfy 
certification requirements. More than a dozen agencies participated in 
various pilots all of which are at different stages of testing and 
implementation.
    In compliance with Executive Order 13659, Streamlining the Export/
Import Process for America's Businesses (79 FR 10657, Feb. 25, 2014), 
ATF joined CBP's pilot test and encouraged voluntary participation of 
U.S. exporters of National Firearms Act (NFA) firearms, as defined 
under title 26, United States Code (U.S.C.), section 5845(a)). The NFA 
(and the implementing regulations in title 27, Code of Federal 
Regulations (CFR), part 479, require any person desiring to export a 
firearm without payment of transfer tax to apply for a permit (ATF Form 
9). See 26 U.S.C. 5854; 27 CFR 479.114. The approval provides for 
deferment of tax liability. In accordance with Federal regulation, the 
exporter would furnish ATF evidence of the exportation of the 
firearm(s) within a six-month's period of the date of issuance of the 
permit to relieve the tax liability. See 27 CFR 479.115. After the 
merchandise is exported, CBP would execute the certificate of 
exportation (Part 3 of Form 9) and send a copy of the executed 
certificate to ATF. See 27 CFR 479.117. This pilot program allowed CBP 
to transmit the certificate to ATF electronically, with the exporter 
continuing to apply on Form 9 for the permit.
    The Border Interagency Executive Council, Departments of Treasury 
and Homeland Security, which oversees ITDS implementation, asked ATF to 
end the pilot. Pilot participants can continue to function as they did 
while on the pilot. Participants will not notice any differences after 
the pilot has ended. At some point, CBP will mandate importers and 
exporters to use the ACE single window; however, DHS needs all pilots 
successfully completed to move to their next phase of implementation. 
The termination of the pilot will not cause any delays for 
participating exporters, and CBP will continue to transmit the 
certificate of exportation to ATF electronically.
    Exporters should be aware that no changes have been made to the 
requirement that they submit their copy of ATF Form 9 to ATF within a 
six month period from the date of issuance of the permit to export 
firearms. See 27 CFR 479.118.

Regina Lombardo,
Acting Deputy Director.
[FR Doc. 2020-10581 Filed 5-15-20; 8:45 am]
 BILLING CODE 4410-FY-P