Firearm Activities in Foreign Trade Zones, Customs-Bonded Warehouses

DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Parts 478 and 479 [Docket No. ATF-2026-0069; ATF No. 2025R-06P] RIN 1140-AA93 Firearm Activities in Foreign Trade Zones, Customs-Bonded Warehouses AGENCY:

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

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) proposes amending the definition of “importation” in the implementing regulations for the Gun Control Act (“GCA”) and the National Firearms Act (“NFA”). Specifically, the rule proposes to create an exclusion from the GCA and NFA's import requirements for items brought into a customs-bonded warehouse (“CBW”) (in addition to the existing exclusion for a foreign-trade zone (“FTZ”)). The proposed modification to the definition would also remove the condition that items may be brought into FTZs and CBWs only “for storage.” The proposed rule does not exempt merchandise from any applicable customs requirements.

DATES:

Comments must be submitted in writing, and must be submitted on or before (or, if mailed, must be postmarked on or before) August 6, 2026. Commenters should be aware that the federal e-rulemaking portal comment system will not accept comments after midnight Eastern Time on the last day of the comment period.

ADDRESSES:

You may submit comments, identified by RIN 1140-AA93, by either of the following methods—

• Federal e-rulemaking portal: https://www.regulations.gov. Follow the instructions for submitting comments.

• Mail: ATF Rulemaking Comments; Mail Stop 6N-518, Office of Regulatory Affairs; Enforcement Programs and Services; Bureau of Alcohol, Tobacco, Firearms, and Explosives; 99 New York Ave. NE; Washington, DC 20226; ATTN: RIN 1140-AA93.

Instructions: All submissions must include the agency name and number (RIN 1140-AA93) for this notice of proposed rulemaking (“NPRM” or “proposed rule”)

ave promulgated regulations implementing both the GCA and the NFA in 27 CFR parts 478 and 479. In addition to enforcing and administering the GCA and the NFA, ATF is responsible for enforcing and administering the permanent import provisions of the Arms Export Control Act (“AECA”), 22 U.S.C. 2778. Each of these laws restricts the import of certain firearms, ammunition, barrels, or defense articles. The President has delegated to the Attorney General the authority to designate and control permanent import of defense articles and services appearing on the U.S. Munitions Import List (“USMIL”). See E.O. 13637, Administration of Reformed Export Controls, 78 FR 16129 (Mar. 8, 2013); 27 CFR 447.1.

1 Some NFA and GCA provisions still refer to the “Secretary of the Treasury.” However, the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135, transferred the functions of ATF from the Department of the Treasury to the Department of Justice, under the general authority of the Attorney General. 26 U.S.C. 7801(a)(2); 28 U.S.C. 599A(c)(1). Thus, for ease of reference, this proposed rule refers to the Attorney General where relevant.

2 In Attorney General Order Number 6353-2025, the Attorney General delegated authority to the Director to issue regulations pertaining to matters within ATF's jurisdiction, including under the NFA, GCA, and Title XI of the Organized Crime Control Act. ATF's jurisdiction also includes those portions of sec. 38 of the Arms Export Control Act pertaining to permanently importing defense articles and services and the Contraband Cigarette Trafficking Act.

The GCA, at 18 U.S.C. 922( l ), makes it unlawful for any person to knowingly import or bring into the United States any firearm or ammunition except as permitted under section 925(d), which specifies the conditions under which the Attorney General must authorize importing those items into the United States. The NFA, at 26 U.S.C

articles and services and the Contraband Cigarette Trafficking Act.

The GCA, at 18 U.S.C. 922( l ), makes it unlawful for any person to knowingly import or bring into the United States any firearm or ammunition except as permitted under section 925(d), which specifies the conditions under which the Attorney General must authorize importing those items into the United States. The NFA, at 26 U.S.C. 5844, also restricts importing certain types of firearms defined as NFA firearms, with See also 27 CFR 479.111. Finally, the AECA, at 22 U.S.C. 2778, authorizes controls on importing defense articles appearing on the USMIL.

The term “importation” is not defined in either the GCA or NFA but is defined in the regulations that implement those statutes. The GCA regulations define “importation” as “[t]he bringing of a firearm or ammunition into the United States,” 27 CFR 478.11, while the NFA regulations define “importation” as “[t]he bringing of a firearm within the limits of the United States or any territory under its control or jurisdiction, from a place outside thereof (whether such place be a foreign country or territory subject to the jurisdiction of the United States), with intent to unlade.” 27 CFR 479.11. AECA regulations define “importation” as “bringing into the United States from a foreign country any of the articles on the [USMIL],” which includes many firearms and ammunition regulated under the GCA and NFA, as well as firearm parts. 27 CFR 447.11.

Both the GCA and the NFA regulations explicitly exclude from their definition of “importation” the bringing of a firearm into a foreign-trade zone (“FTZ”). FTZs are secure areas located in or near ports of entry and are established by the Foreign Trade Zone Board under the Foreign Trade Zone Act of 1934 (“FTZ Act”), as amended. 19 U.S.C. 81a-81u. FTZs are outside of the customs territory of the United States for purposes of paying duties but are not outside of the United States' legal jurisdiction generally. See 15 CFR 400.1(c)

articles on the USMIL are considered imported unless they are transactions subject to Department of State controls. Therefore, to comply with the AECA, a federal firearms licensee (“FFL”) must complete ATF Form 5330.3A, Application/Permit to Import Firearms, Ammunition, and Defense Articles (“Form 6, part I”), and obtain approval from ATF prior to bringing any firearms into FTZs. See 27 CFR 447.41. To withdraw firearms from an FTZ and permanently import them into the United States, an FFL must complete ATF Form 5330.3C, Releasing/Receiving Imported Firearms, Ammunition and Defense Articles (“Form 6A”) and receive approval from ATF. See 27 CFR 478.113.

Federal law also allows items to be brought into Customs Bonded Warehouses (“CBWs”), which are distinct from FTZs and are “buildings or parts of buildings and other enclosures . . . for the storage of imported merchandise entered for warehousing, or taken possession of by the appropriate customs officers or under seizure, or for the manufacture of merchandise in bond, or for the repacking, sorting, or cleaning of imported merchandise.” 19 U.S.C. 1555(a). CBWs are supervised and regulated by U.S. Customs and Border Protection (“CBP”). Id. However, because the current GCA and NFA regulations do not exempt items brought into CBWs from the definition of “importation” despite the functional similarities between FTZs and CBWs, firearms brought into a CBW are currently considered “imported” and must therefore qualify for an exception to the general import prohibitions of the GCA, 18 U.S.C. 925(d), and the NFA, 26 U.S.C. 5844.

II. Proposed Rule

A. Adding Customs-Bonded Warehouses to the Import Exceptions

ATF is proposing that items brought into CBWs be excepted from the GCA and NFA regulatory definitions of “importation” in the same way that items brought into FTZs are currently excepted.

Some firearms industry members have historically conducted firearms activities such as storage, manipulation, or destruction in CBWs rather than in FTZs

ding Customs-Bonded Warehouses to the Import Exceptions

ATF is proposing that items brought into CBWs be excepted from the GCA and NFA regulatory definitions of “importation” in the same way that items brought into FTZs are currently excepted.

Some firearms industry members have historically conducted firearms activities such as storage, manipulation, or destruction in CBWs rather than in FTZs. But, in October 2024, ATF issued an Open Letter to FFLs on “Allowable Activities for Firearms Brought into Customs Bonded Warehouses and Foreign Trade Zones” (“FTZ/CBW Open Letter”), 3 which clarified that 27 CFR 478.11 and 479.11 permit an importer to bring firearms and ammunition into only FTZs, but not CBWs, for storage pending importation into the United States. As a result, firearms brought into CBWs are currently subject to the import restrictions of the GCA and NFA. The FTZ/CBW Open Letter resulted in firearms industry members needing to transition these activities to FTZs. Some industry members were required to establish new FTZs with the FTZ Board. Although there are differences between CBWs and FTZ for purposes of customs law and regulations, 4 ATF finds that for purposes of GCA and NFA import restrictions that there is no statutory basis to treat CBWs differently from FTZs, and that forcing importers to transition from one to the other may needlessly impose additional costs on industry members. ATF believes it is in the public interest to alleviate this burden by allowing importers to choose whether to conduct these authorized activities in either an FTZ or a CBW based on, for example, the availability of such facilities near their place of business, or differences in applicable customs regulations that may impact business operations.

3 ATF, Open Letter to All Federal Firearms Licensees: Allowable Activities for Firearms Brought into Customs Bonded Warehouses and Foreign Trade Zones (Oct

merchandise may not be admitted into an FTZ but is not barred from entry and storage into a CBW. See Customs Border Protection, Foreign-Trade Zones Frequently Asked Questions, https://www.help.cbp.gov/s/article/Article-1905?language=en_US [ https://perma.cc/H6BQ-7B4Z ]; What is a Customs-Bonded Warehouse, https://www.help.cbp.gov/s/article/Article1853?language=en_US [ https://perma.cc/JE8P-YKMK ].

Accordingly, ATF specifically proposes to update its regulations under 27 CFR 478.11 and 479.11 to exclude 5 This amendment would provide greater flexibility under ATF regulations to parties who conduct authorized activities in FTZs and CBWs. ATF believes that extending the FTZ exemption from GCA and NFA importation restrictions to items stored in CBWs does not create a public safety risk. A CBW is managed by both CBP and the warehouse proprietor, and CBP has a right of entry into CBWs. Importers and manufacturers should note, however, that federal customs law and regulations limit the types of activity that can be conducted in a CBW and FTZ, independent of the restrictions of the GCA, NFA, and AECA. See, e.g., 19 U.S.C. 81c(a); 19 CFR 19.1(a). Under the proposed rule, the scope of the exemption for CBWs would be the same as the one for FTZs and would thus not impact any other aspect of the requirements under the GCA or NFA.

5 The new definitions for “importation” proposed herein are distinct from how this term is defined for customs law purposes. See 19 CFR 101.1.

B. Removing the “for storage” Limitation on the FTZ Exception in the Definition of “importation”

The current definitions of “importation” in the GCA and NFA regulations have caused considerable uncertainty among industry members as to what kinds of activities are permissible within FTZs (which, under this proposed rule, would also be permissible in CBWs)

ported, so that it more faithfully aligns with the statute at 18 U.S.C. 925(d)(3).

III. Statutory and Executive Order Review

A. Executive Orders 12866 and 13563

Executive Order 12866 (Regulatory Planning and Review) directs agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits.

Executive Order 13563 (Improving Regulation and Regulatory Review)

The Office of Management and Budget (“OMB”) has determined that, although this rule is not economically significant, this rule is a “significant regulatory action” under section 3(f)(1) of Executive Order 12866. OMB has therefore reviewed this rule. ATF provides the following analysis to comply with Executive Orders 12866 and 13563. In 2024, ATF published an open letter clarifying that ATF regulations only permitted firearms and other regulated items to be brought from outside the United States into FTZs for storage without regard to the GCA's and NFA's import restrictions and that such an exemption did not extend to CBWs. As a result, firearms brought into CBWs are currently subject to the import restrictions of the GCA and NFA. The FTZ/CBW Open Letter resulted in firearms industry members needing to transition these activities to FTZs. This proposed rule would amend 27 CFR 478.11 and 479.11 so that items brought into CBWs be excepted from the GCA and NFA regulatory definitions of “importation” in the same way that items brought into FTZs are currently excepted. This would allow FFL importers to use CBWs in lieu of FTZs.

Based on ATF's Federal Firearms Licensing Center, there are 1,666 FFL importers. Of these, an unknown subset may have been using CBWs instead of FTZs. ATF assumes for purposes of this analysis that this proposed rule would impact approximately 10 percent of all FFL importers (167 FFL importers).

While using FTZs may be more advantageous than CBWs, some FFL importers have not used FTZs

lion if importers have the option to operate in a CBW. 8 This savings may be more or less, depending on the difference in operating costs between an FTZ and a CBW. Currently, based on anecdotal information from the industry, the process to move importers' operations from a CBW to an FTZ may be difficult and cost millions of dollars to continue operating while seeking a permanent location to an FTZ. To the extent that there are transition costs, ATF requests public comments from importers regarding the costs they may incur to an establish a CBW compared to an FTZ, such costs to apply, the estimated difference in security cost between a CBW and FTZ, the estimated cost to move goods and equipment from CBW to an FTZ, and any other differences in costs incurred when switching from a CBW to FTZ. In addition, ATF requests information on how this proposed rule may alter other business decision making and how industry may make use of the flexibilities granted. For example:

8 $1,670,000 = 167 FFL importers * $10,000 initial application fee.

• What benefits or savings would a business realize by bringing firearms into a CBW rather than an FTZ?

• What additional activities, not presently performed on firearms, does a business anticipate performing in an FTZ or CBW if the “for storage” requirement is removed as proposed?

• Are there other incidental services that make it more advantageous to bring firearms into a CBW compared to an FTZ?

The benefit to this proposed rule is to allow FFL importers who have historically used CBWs instead of FTZs to continue to do so and not require them to transition their operations to an FTZ.

Alternative 1. Maintaining the Status Quo (No Action Alternative)

ATF considered various alternatives, including maintaining the status quo. Maintaining the status quo would require current non-compliant FFL importers to move their operations from a CBW to an FTZ

who have historically used CBWs instead of FTZs to continue to do so and not require them to transition their operations to an FTZ.

Alternative 1. Maintaining the Status Quo (No Action Alternative)

ATF considered various alternatives, including maintaining the status quo. Maintaining the status quo would require current non-compliant FFL importers to move their operations from a CBW to an FTZ. If, as discussed above, 10 percent of existing FFL importers are operating in a CBW and need to move their operations and transition to an FTZ, this would cost them a minimum of approximately $1.67 million and additional operating costs until these importers could finalize their change in locations. ATF has concluded that maintaining the status quo would provide less flexibility for importers and it has therefore rejected this alternative because it would appear to add more costs over time.

Alternative 2. Issuing Guidance

Another alternative ATF considered is reissuing guidance to extend the exemption from importation to CBWs. However, publishing this interpretation through guidance would not be consistent with the text of the current regulations, which provides an exemption for only FTZs but not CBWs; it would therefore be implausible to interpret the existing regulatory exemption as reaching CBWs. Thus, this alternative was rejected.

Alternative 3. Rulemaking (Proposed Alternative)

Finally, ATF considered the proposed alternative. ATF proposes to publish a regulation amending the definition of “importation” so that when items are brought into a CBW they are excepted from the GCA and NFA import restrictions in the same way that items brought into FTZs are currently excepted. This change would alleviate the burden on non-compliant FFL importers from having to move their operations to a new location, and may thus provide a one-time savings of $1.67 million and potential operating costs stemming from making the transition

s promulgating regulations with criminal regulatory offenses potentially subject to criminal enforcement to explicitly describe the conduct subject to criminal enforcement, the authorizing statutes, and the mens rea standard applicable to each element of those offenses. This proposed rule would not create a criminal regulatory offense and is thus exempt from Executive Order 14294 requirements.

D. Executive Order 13132

This proposed rule would not have substantial direct effects on the states, the relationship between the federal government and the states, or the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132 (Federalism), the Director has determined that this proposed rule would not impose substantial direct compliance costs on state and local governments, preempt state law, or meaningfully implicate federalism. It thus does not warrant a federalism summary impact statement.

E. Executive Order 12988

This proposed rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform).

F. Regulatory Flexibility Act

Under the Regulatory Flexibility Act (“RFA”), 5 U.S.C. 601-612, agencies are required to conduct a regulatory flexibility analysis of any proposed rule subject to notice-and-comment rulemaking requirements unless the agency head certifies, including a statement of the factual basis, that the proposed rule would not have a significant economic impact on a substantial number of small entities. Small entities include certain small businesses, small not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of fewer than 50,000.

ATF performed an initial regulatory flexibility analysis of the potential impacts on small businesses and other entities that could occur due to this proposed rule, if finalized as proposed

ysis for a final rule) as described in the Act. See 5 U.S.C. 603(b). ATF prepared the following IRFA assessing the proposed rule's impact on small entities.

1. Describing the reasons why the agency is considering taking action.

ATF is proposing this action to provide clarity and flexibility for importers by permitting them to treat firearms in CBWs the same way that they treat firearms in FTZs. ATF finds that FTZs and CBWs are functionally similar spaces for purposes of GCA and NFA import restrictions by which importers may bring items into the United States without immediate payment of duty, but the regulation granting exceptions to FTZs does not currently extend to CBWs. There has since been a disparity that creates complications and hurdles for importers, forcing some importers to relocate their operations between facilities and likely incurring substantial costs in the process. ATF does not anticipate this rule creating significant economic costs for small entities, as this rule would have a deregulatory savings that would be beneficial to FFL importers because they would be afforded the option to bring their items into either an FTZ or a CBW.

2. Succinctly stating the objectives of, and legal basis for, the proposed rule.

The objective of this proposed rule is to reduce the regulatory burden on importers and the public by treating FTZs and CBWs the same way in the regulatory definition of importing, and making it clearer for importer FFLs that they are not limited solely to storing firearms when bringing them into FTZs and CBWs, as consistent with applicable customs laws and regulations.

3. Describing and, where feasible, estimating the number of small entities to which the proposed rule would apply.

Based on information from the Federal Firearms Licensing Center, there are an estimated 1,666 Type 08 FFL firearms importers

FFLs that they are not limited solely to storing firearms when bringing them into FTZs and CBWs, as consistent with applicable customs laws and regulations.

3. Describing and, where feasible, estimating the number of small entities to which the proposed rule would apply.

Based on information from the Federal Firearms Licensing Center, there are an estimated 1,666 Type 08 FFL firearms importers. For the purposes of defining small importers, these importers are small businesses under NAICS 9 423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers (which includes wholesalers/importers of sporting firearms and ammunition). Importers that fall under this NAICS would be considered small should they have a workforce of fewer than 100 employees.

9 NAICS is the North American Industry Classification System, which is the standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

While the majority of importers are anticipated to fall under NAICS 423910, there may be a subset that fall under NAICS 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing. Importers that fall under this NAICS would be considered small should they have a workforce of fewer than 1,000 employees.

Assuming that Type 08 FFL importers track the size of FFLs more generally, the majority of these importers are likely to be small businesses, per the Small Business Administration's size standard, because the majority of FFLs are small businesses.

All Type 08 importers would benefit from this proposed rule because the rule would extend the existing exemptions that firearms importers have for GCA and NFA items in FTZs to such items they have in CBWs, thereby conferring a benefit, and would impose no costs

likely to be small businesses, per the Small Business Administration's size standard, because the majority of FFLs are small businesses.

All Type 08 importers would benefit from this proposed rule because the rule would extend the existing exemptions that firearms importers have for GCA and NFA items in FTZs to such items they have in CBWs, thereby conferring a benefit, and would impose no costs.

However, based on internal ATF information, there are approximately 21,499 domestic manufacturers of firearms (Type 07 FFL manufacturers) that may be indirectly and negatively affected by this proposed rule due to increased competition from importers potentially now being able to expand imports of foreign firearms. ATF is unable to assess a significant impact and requests public comment on the impact to small entities that manufacture and/or sell only domestic firearms.

4. Describing the proposed rule's projected reporting, record-keeping, and other compliance requirements, including an estimate of the classes of small entities which would be subject to the requirement and the type of professional skills necessary to prepare the report or record.

There are no additional requirements or direct costs imposed by this proposed rule to importers. This rule would mitigate costs and burdens on the public. Nor are there direct costs or compliance requirements for manufacturers, although, as noted above, importers may potentially increase foreign firearm imports, which then might increase competition for domestic firearm manufacturers.

5. Identifying, to the extent practicable, all relevant federal rules which might duplicate, overlap, or conflict with the proposed rule.

This proposed rule would not duplicate or conflict with other federal rules.

6. Describing any significant alternatives to the proposed rule which accomplishes the stated objectives of applicable statutes and which minimizes any significant economic impact the proposed rule might have on small entities

d tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it would not significantly or uniquely affect small governments. Therefore, ATF has determined that no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

H. Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act of 1995 (“PRA”), 44 U.S.C. 3501-3521, agencies are required to submit to OMB, for review and approval, any information collection requirements a rule creates or any impacts it has on existing information collections. An information collection includes any reporting, record-keeping, monitoring, posting, labeling, or other similar actions an agency requires of the public. See 5 CFR 1320.3(c). This proposed rule involves two existing information collections under the PRA. These information collections, OMB control number 1140-0005, Application/Permit to Import Firearms, Ammunition, and Defense Articles, which includes ATF Form 5330.3A (“Form 6, part I”), and OMB control number 1140-0007, Releasing/Receiving Imported Firearms, Ammunition, and Defense Articles, which includes ATF Form 5330.3C (“Form 6A”), would be unchanged by this proposed rule.

IV. Public Participation

A. Comments Sought

ATF requests comments on the proposed rule from all interested persons. ATF specifically requests comments on the clarity of this proposed rule and how it may be made easier to understand. In addition, ATF requests comments on the costs or benefits of the proposed rule and on the appropriate methodology and data for calculating those costs and benefits.

All comments must reference this document's RIN 1140-AA93 and, if handwritten, must be legible. If submitting by mail, you must also include your complete first and last name and contact information. If submitting a comment through the federal e-rulemaking portal, as described in section IV.C of this preamble, you should carefully review and follow the website's instructions on submitting comments

All comments must reference this document's RIN 1140-AA93 and, if handwritten, must be legible. If submitting by mail, you must also include your complete first and last name and contact information. If submitting a comment through the federal e-rulemaking portal, as described in section IV.C of this preamble, you should carefully review and follow the website's instructions on submitting comments. Whether you submit comments online or by mail, ATF will post them online. If submitting online as an individual, any information you provide in the online fields for city, state, zip code, and phone will not be publicly viewable when ATF publishes the comment on https://www.regulations.gov. However, if you include such personally identifying information (“PII”) in the body of your online comment, it may be posted and viewable online. Similarly, if you submit a written comment with PII in the body of the comment, it may be posted and viewable online. Therefore, all commenters should review section IV.B of this preamble, “Confidentiality,” regarding how to submit PII if you do not want it published online. ATF may not consider, or respond to, comments that do not meet these requirements or comments containing excessive profanity. ATF will retain comments containing excessive profanity as part of this rulemaking's administrative record, but will not publish such documents on https://www.regulations.gov. ATF will treat all comments as originals and will not acknowledge receipt of comments. In addition, if ATF cannot read your comment due to handwriting or technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment.

ATF will carefully consider all comments, as appropriate, received on or before the closing date.

B

on https://www.regulations.gov. ATF will treat all comments as originals and will not acknowledge receipt of comments. In addition, if ATF cannot read your comment due to handwriting or technical difficulties and cannot contact you for clarification, ATF may not be able to consider your comment.

ATF will carefully consider all comments, as appropriate, received on or before the closing date.

B. Confidentiality

ATF will make all parts of all comments meeting the requirements of this section, whether submitted electronically or on paper, and except as provided below, available for public viewing on the internet through the federal e-rulemaking portal, and subject to the Freedom of Information Act (5 U.S.C. 552). Commenters who submit by mail and who do not want their name or other PII posted on the internet should submit their comments with a separate cover sheet containing their PII. The separate cover sheet should be marked with “CUI//PRVCY” at the top to identify it as protected PII under the Privacy Act. Both the cover sheet and comment must reference this RIN 1140-AA93. For comments submitted by mail, information contained on the cover sheet will not appear when posted on the internet, but any PII that appears within the body of a comment will not

A commenter may submit to ATF information identified as proprietary or confidential business information by mail. To request that ATF handle this information as controlled unclassified information (“CUI”), the commenter must place any portion of a comment that is proprietary or confidential business information under law or regulation on pages separate from the balance of the comment, with each page prominently marked “CUI//PROPIN” at the top of the page

not be viewable for up to several weeks. Please keep the comment tracking number that is provided after you have successfully uploaded your comment.

• Mail: Send written comments to the address listed in the ADDRESSES section of this document. Written comments must appear in minimum 12-point font size, include the commenter's first and last name and full mailing address, and may be of any length. See also section IV.B of this preamble, “Confidentiality.”

D. Request for Hearing

Any interested person who desires an opportunity to comment orally at a public hearing should submit his or her request, in writing, to the Director within the 90-day comment period. The Director, however, reserves the right to determine, in light of all circumstances, whether a public hearing is necessary.

Disclosure

Copies of this proposed rule and the comments received in response to it are available through the federal e-rulemaking portal, at https://www.regulations.gov (search for RIN 1140-AA93).

List of Subjects

27 CFR Part 478 Administrative practice and procedure, Arms and munitions, Exports, Freight, Imports, Intergovernmental relations, Law enforcement officers, Military personnel, Penalties, Reporting and recordkeeping requirements, Research, Seizures and forfeitures, Transportation.

27 CFR Part 479 Administrative practice and procedure, Arms and munitions, Exports, Imports, Military personnel, Penalties, Reporting and recordkeeping requirements, Seizures and forfeitures, Taxes, Transportation.

For the reasons discussed in the preamble, ATF proposes to amend 27 CFR parts 478 and 479 as follows:

PART 478—COMMERCE IN FIREARMS AND AMMUNITION

1. The authority citation for part 478 continues to read as follows:

Authority:

5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 3504(h).

2. Amend § 478.11 by revising the definition of “Importation”, including its heading, to read as follows:

§ 478.11 Meaning of terms.

Importing (or importation)

nd 27 CFR parts 478 and 479 as follows:

PART 478—COMMERCE IN FIREARMS AND AMMUNITION

1. The authority citation for part 478 continues to read as follows:

Authority:

5 U.S.C. 552(a); 18 U.S.C. 847, 921-931; 44 U.S.C. 3504(h).

2. Amend § 478.11 by revising the definition of “Importation”, including its heading, to read as follows:

§ 478.11 Meaning of terms.

Importing (or importation). Bringing a firearm, firearm barrel, or ammunition into the United States or any possession thereof from a place outside the United States or any possession thereof, except that a firearm, firearm barrel, or ammunition brought into a foreign-trade zone or customs-bonded warehouse is not imported for purposes of this part until the item is removed from such a facility into the United States or any possession thereof.

PART 479—MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS

3. The authority citation for part 479 continues to read as follows:

Authority:

26 U.S.C. 5801-5822; 26 U.S.C. 7801; 26 U.S.C. 7805.

4. Amend § 479.11 by revising the definition of “Importation”, including its heading, to read as follows:

§ 479.11 Meaning of terms.

Importing (or importation). Bringing a firearm into the United States from a place outside thereof, or into any territory under the United States' control or jurisdiction from a place outside thereof, with intent to unlade, except that a firearm brought into a foreign-trade zone or customs-bonded warehouse is not imported for purposes of this part until the firearm is removed from such a facility into the United States or any territory under its control or jurisdiction.

Robert Cekada, Director.

[FR Doc. 2026-09162 Filed 5-7-26; 8:45 am] BILLING CODE 4410-FY-P