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Federal Tobacco, Firearms and Explosive Reports

Date: 06 Jun 1979
Length: 187 pages

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Abstract

Appeal from the United States District "~urt, Western District of l~issou .rl. Affirmed.

Fields

Box
0344
Named Person
Auerbach, Thomas
Braswell, John
Braswell, Roger
Brown, Wesley E.
Cramer, Bradley
Crook, Larry
Crowley, Dan
Cutler, Robert
Davis, Richard (Philip Morris Scientist)
Dean, Dennis
Deutsch, Gerald
Dole, Hollis M.
Drake, William T.
Edwards, Donald
Elder, James W.
Ennis, Daniel M. (PM Product Evaluation R&D)
Senior Associate Scientist, Philip Morris Research Center, Philip Morris USA, USADr Danny Ennis worked for PM in the early to mid 1990s.
Fleming, Lawrence J.
Forest, Victor
Frankel, Jack, Dr. (U of S. Fl, Attended CTR SAB Meeting 1980)
George, Curtis
Gibbons, Diane
Grey, Virgil
Hatfield, Mark O.
Higgins, Stephen E.
Hill, Louise L.
Hogue, Carol
Hudson, Charles
Hunt, James A.
Jackson, Ken
Johnson, John Mark
Kerner, Thomas
Kirchner, Joseph
Lipman, Kenneth W.
Lockett, Curtis George
Mcdonald, Frederick H.
Mcmanus, Edward J.
Miller, Robert J. (B&W Project Mgr., Product Publicity, B&W Marketing Dept.)
Robert Miller worked for B&W as Project Manager Product Publicity in the M Department from 1981-83. (Source: B&W's Initial Disclosure, State of Texas vs. ATC, et al., 6/5/96)
Miller, William F. Dr.
Monteforte, Patrick
Moore, Jim
Mulcahey, Patrick M.
Richman, Murray
Sachs, Howard F.
Safford, Joan B.
Sanders, S.
Schaffner, Charles
Singer, Morris
Smith, Eugene
Smith, Richard E. (Lorillard exec)
Marketing Development
Steinberg, David
Stout, Charles Allen
Sykes, Robert B.
Weber, Robert C. (RJR Attorney, Jones, Day, Reavis & Pogue , '94)
Robert Weber is attorney for R. J. Reynolds from the firm Jones, Day, Reavis & Pogue in Cleveland, Ohio (1994) (DJ 7/21/94). Weber represented R. J. Reynolds in Galbraith case (Plaintiff's attorneys Melvin Belli and Paul Monzione.) (Jenkins, p. 161) Weber represented plaintiff RJRT/RJRNH in suit against EPA re: second-hand smoke (1994) (DJ 7/21/94).
White, Robert
White, M (Korea)
1994
Williams, Jackie N.
Willis, Albert
Wilson, Will R.
Named Organization
Air Force Academy
ALCOA Aluminum
American Federation of Teachers (AFT)
Appropriations Committee
United States Army
ATF (Bureau of Alcohol, Tobacco and Firearms)
Bureau of Alcohol, Tobacco and Firearms
Bell Telephone
Bureau of Alcohol, Tobacco and Firearms
Bureau of Engraving and Printing
CAC (China-American Cigarette Co - Assoc with RJR)
1994 China-American Cigarette Co - Assoc with RJR
Central Intelligence Agency (CIA)
Chicago Fire Department
CIA (Central Intelligence Agency)
Department of Commerce
Department of Defense (DOD)
Department of Justice (DOJ)
*Department of Labor (use United States Department of Labor)
*Department of Transportation (use United States Department of Transportation)
Federal Aviation Administration (Ruled on smoking on U.S. flights)
FBI (Federal Bureau of Investigation)
Federal Register (publication)
Federal Reserve Board
General Counsel
Internal Revenue Service IRS
International Association of Machinists and Aerospace Workers (IAM)
John Deere
Mine Safety and Health Administration
United States Department of Treasury
United States Postal Service
Scientific American (periodical)
Secret Service
United States Senate
Singer
United States Department of Treasury
U.S. International Trade Commission
United States Supreme Court (Judicial branch U.S. gov't)
United States Customs Service
United States Department of Transportation
United States Senate
United States Department of Treasury
Thesaurus Term
business organization
government activity
government agency
tobacco policy

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Page 151: TI19702327
].1,022 New Developments-.--N.sceilaneeus Dlvelopmen~s Back re~rence: ATF Proo~uz~ T~t~cs| Digest, 14.401. [Full Text o[ Notice] Bureau of Alcohol, Tol:~:cco and [27 CFR Pzzrts 47, |78 and 179] [Notice Nos. 321 Rnd 322] FIREARMS REGULATIONS W'dhdrawa| of Notices of Proposed Rulemak|ng AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF). ACTION: Withdrawal of Notices of Proposed Rulemaking. SU1VI~f~Y: The purpose of this doc- ument is to announce that RzsxSTSl~ Notices ¢8-321 and (43 FR 1180{) and 43 FR 1).893, respec- tively) in which ATF published pro- posed amendments to ~.7 CFR Parts 47, 178 and 179 regarding ftrearm~ are withdrawn. Those notices covered a wide variety of subject matters. Those generating the most comments would have required quarterly reports-to be filed by licensees concerning firearms manufactured and disposed of, and that each firearm have a unique serial number. These proposals are being withdrawn and ATF does not intend to consider them again in the foreseeable future. The other proposals being withdrawn will continue to be re- viewed and AT~ will consider whether some or all of them should be repro. posed in the same or modified form. The Department particularly wants the newly appointed Director of A~F to review these various proposals. SUPPLEhrd~NTARY INFORMATION NoT~cs No. Q~gr~er~/~epozt~. The Bureau origi- nalli~ proposed a requirement that all llcensees submit ¢luarterly reports of all firearms dispositions between li- censees, i.e., manufacturers, wholesal- ers and dealers; quarterly reports by retailers of firearms sold, without identifying the names or addresses of non-licensee purchasers; and quarterly reports of firearms manufactured. These regulations were designed to provide the Bureau and other l.aw en- forcement agencies with information which would make It possible to trace more efficiently firearms used in crimes as well as assist ATF in identi- tying those licensees who may be the source of weapons used in crkrnes. ¶ 26,019 ATF received approximately 345~00 comments on these proposals. support was received from various law enforcement and other organizations, the overwhehning number of com- ments were negative. In addition, the Congress indicated strong opposition to these regulations and voted to pro- hibit the use of approl)rlated funds for their implementation. For these rea- sons the regulations are being with- drawn. Un~q~.e ~er~czZ Nur~ber. The Burea~ originally proposed a system of unique serial numbers for all firearms import- ed and mannfactttred. After reviewing all the comments; the Bureau believes the system proposed would require substantial modification. Questions were raised as to whether the benefits of the system as proposed justified the costs involved. In addition, an intpor- tent benefit of this proposal was sim- plification of the processing of the quarterly reports which are being withdrawn. AI~o, Congressional oppo- sition to this proposal was reflected in the prohibitory language referred to above. For all these reasons, the Bureau is withdrawing these propos- als. TI~e~ Report. TheBureau original/y proposed that all licensees be required to report thefts of firearms. There were substantially fewer negative com- ments to this proposal. ATF will con- tinue to study the need for this regula. lion as well as deVelop more precise es- timates for the cost to ATP for using the data from the reports. Nor~c~ No. 322 This notice contained a variety of proposals including the following:. L Importers and certain military members of the Armed Forces would be required to submit a revised form for authorization to import or bring firearms into the United States; 2. Owners of certain National Fire- arms Act (NFA) firearms would be re- quired to submit a designated form for authorization to trausport their NFA firearms in interstate or foreign com- merce instead of submitting letters re- quests; 3. A Federal firearms licensee would be required to report by telephone in- ©1979, Commerc~ Cle~r|ng Hour0 TI19702327
Page 152: TI19702328
formztton on flrearm~ receip~ a~d dis- positio'n when requested.byAq~. ~. De~lem wo~Id be ~tlow~ to return flre~em~-~for repair or replace° merit to the.rearm ~facturer or importer without hlvh~g to obtain • copy ~f the manufacturer's.or hnporter'~liceuse_ The Bureau will- cor~ider whether the various Droposed change~: ~n thLs notice should be.~repropO6ed in a future notice. [ 11. 26,020] COUI~TERYAILING DUTY PETITION: AND INVESTIGATION NOYICE~FIR~4,1tMS AND PARTS FROM BRAZIL. Issued by the Customs Service, Department of th~ Trcasur~',. March 29, 1979. ~t4 FR 20537, April 5, 1979. ' " FirearmsL-Impor~at~on~Cotmtvrvailing Duty Irteestigation--F/reazmgand l~:ts from Brazil.--A "/mtisfactory .petition has b~en received and a ~ou~.t~rvaJling du,ty, investigation h~s beEn"sta~t~d t~ determine ff the'benefits paid by th.e goverrml~t o~ '-~ra~il to manu- £actur~rs and ~xpo~ter~~ of certain fire~rrns and parts constit~t~ the. pa ,ymcnt of a ,botmtY or grant:with~ the meaning o£ the U: S. countervailing duty law. A.preHminary .determln~-~ tion will be made not later than August 22, 1979, and a final,determlnation not l~ter than February 22, 1980. The .merchandise spc~ed in the petition, includes rn~e~, shotguns, comblnati~n shotguns and rifles, and parts o£ such firearms clas~-d under t~e item rmm- hers 730.23--730.77 #| .th~ Tariff Schedules o~ the Uni~cd SL~t~ Ar~otated; Merchandise ~rom- ]~razil. entered .under the foregoing item numbers ex~e~'~, 730,~9 (r~e~ ~/.Iued o~er $25, but not over $50 each), 730,41: (shotguns valued ove~-. $10 but not over'~5 each), and 730,7"1 (combination rifle.and shotglm parts) is cu~e~nt.ly §re~ oP ordinary customs" duties under the General Sys.t.e~n of Preferences. " : ." "" Back re~etence ~' Firearms Topical Digest, ~ 233#. [FuQ' Te~t Of Notice] D~PAm'~Em" oF ~E TREASURY ~u~tom~ ~lce C~ln ~l~m~ and P~ From Broil; Re~t of Count~alllng PeUfl~ ~d Initiation of Invest~tion Ae~U~S~~stoms S~ice, Depa~ent: .... " +" : Du~ ~st~tion. SU~t~:. A+~atisfactory petition ha's been received and a coudtervailing duty investigation, has been started to determine if benefits are paid by the Government of Brazil to man~facturer~ or exporters of certain fireai~ns and parts which constitute the payment of a Federal Tobacco, Firearms and Explosives Reports bounty or'grant w~thin the ~eanlng of. the U.S..countervailing duty law. A preliminary determinatioffwiR be made not later than August ~2,1979,~ and a final determination not later than February 2Z,.1980. EFFECTIVE DATE: April 5, 1979. FOR FU~rHER IN#~)RMATION cOWrACT: Michael Ready, Operati~).~s ~cer, Offi.c,e dJ~,Operations, .United States Cu, st.oms Serv~,ce,.'lS01 Co~tittdion Avenue, NW., Was]deBtor, D.(~, 202~9 petiti~ in sat/s~tor~j form was " recei~'ei:] on F~r~ary ~2;.19~'9, ~'om. the law ~m o~ Patton, ]Bosgs &' Blow on behalf qf the Winchester G~oup (a Divislo~ of the ~I~' Co~poration], and Harrington & Richardson, aIlegL~ that ~enefits conferred by the Government of ¶ 26,019 T!19702328
Page 153: TI19702329
11,024 13 4-7g Brazil upon ~e manufacture, p~oduction or exportatinn of certain firearms and parts frem Brazil constitute the payment or bestowal of a bount~ or grant within the mear~ng of section. 30,.% Tariff Act of 1930, as amended 09 U,S,C. 1303], The mechanics specked in the petition includes r~es d~sL~ed under item numbers 730.23, 730.25, 730.27, 730.29, and 730.31 of the Taz~ff Schedules of the United States Annotated ~SUtA]; shotguns under item numbers 730.37, 730.39, 730.4:1, 730.43, and 730,45; combination shotguns" and rifles under item numbe~ 730.51, 73o.53, 73o.~5, 730.57, a~d 73o.~9; and parts of r/J]es, shotguns, and combination shoLgu~s and ~fles ~nder item numbers 73o.~3, 73o,~, 73o.~7, 7~.~1, 73o.73, 730.7~, 730.75, a~ 730.77. Merchandise ~m Br~l enthred ~der each of the fore~oi~ i~em n~bers except 730.~, 730.41, cu~entl~ ~ee. o~ ordin~ ~stoms ~ties under ~e Generalized S~stem ~e~erences ~GSP]. ~n the event ~at it ~ecomes necessa~.~' to refer ~is matter to the U~ted Stat~s ~tema~o~al ~ade Commissi6n p~ant ~03(a)[~), Tariff A~t o~ ~930, as amended, {19 U.S.C. ~03(a}{2)}, there is evidence on re~ord concemi~ ~j~ to, or likelihood o~ inju~ to, an indust~ in ~e United States. ~is in[o~ation ~dicates ~at w~le the portioned' sa[esand market share have declined, ~ports priced lower ~an ~e pe~on~s' products, have ~eased. Alleged bo~es or ~ants the petition ~clude 1. The excessive re~ssion upon export of the federal lndus~ial ~oduc~ Tax ~I) and the state Me~handise Ci~ula~on The %eas~ Dep~r~ent has dete~ed in the context ~f previou~ counte~afling duty investigations involvl~ has been abolished. Therefore ~e latter will" " not be subject to inves~a~on In ~is case. 2. Exempt/bn ~om ~e pa~ent o~ Customs duties and value-added taxes on ~e pl~t and equipment imported ~or ~e pr~uct/on o~ ~rea~s for export. ~ese behests ~re allegedly co~e~ed ander programs o~ the Industrial D~elopment Council {~I}, the Commission for ~e Granti~ el Fiscal Benefits to Special Export ~ogr~m~ (B~IEX} and CIEX. ¶ 26,020 ¢ Regional a/d assistance in t{'m form of tax cred/t~ available to Rrms located/n less developed hreas (SUD/kM and SUDENI~. 4.The grsntio3 of IPI.credits for t~e purchase of Brazilian-made equipment and accelerated de~reciation ~or faciltt/es and equipment men.sutured in Braz~l for the product/on ~ ~earms and preferential credit arrangements for h'n'ported raw materiels under CDL S. Export financLug at rates lower than those otherw/se available commercially. 6. Exemption from the corporate income tax for profits attributable to export sales. Pursuant to section 303(a}(4} Tar/ff Act of 1050, as amended [19 U.S.C. 1303(a}(~}}, the Secretary of the Treasury is required to issue~ a preliminary determinat/on as to whether or not any bounty or grant is being paid or bestowed within the meaning of that statute w/thin 6 months of receipt, in satisfactory form, "o~ a petition alleging the payment or bestowal of a bounty or grant. A Final detern~ation must be issued within lZ months of the receipt of such a petit/~n, Therefore, a preliminary determination on this pet/t/on will be made nolater than August 22,1979, as to whether or not the alleged payments or bestowals conferred by the.Government of ~Brazil upon the manufacture, production or exportation of the merchandise described ,above constitute a bounty or grant within the meaning of section 303, TariffAct of 1930, as amended. A final detarmination wilt he issued "no later than February 22,1980. This notice is published pursuant to section 303{a}{3} of the Tariff Act 1930, as amended (19 U.S.C, and section 159~7{c}, Customs Regulations. {1~ CFR 159.47{c)}. Pursuant to Reorgan/zation Plan No. 26 of 1950 and TreasuTY. Department Order lb0 (Revision ~5}, March 16,1970, the provisions of Treasury Department Order 16S, Revised, November .2,19S4, and § 159.47 of the Customs Regelat/ans (19 CFR 159,47}, insofar as they pertain to the initiation.of a coun~ervail/ng duty investigation by the Commissioner of Customs, are hereby waived. Mar~h 29,1979. • Robed ~L General Coun~al o/t~e T'reo~ur~. !PR Dec, ?S-10,H0 Filed 4-4-.7~ 8:45 ~m] ¢1979, Commerce Clearing House, inc. TI19702329
Page 154: TI19702330
New Deve|opment~--M~sc~lzneo~s Devek~pments II~025 [¶ 26,021] ATF DELEGATION ORDER A'rF R 0 1100.23. Issued by the Bureau of Alcohol, Tol~cco and Fi~rms, January 22. I979, 1979-1 ATF Bel. 5O. ATF Pro~edure~Abateme.nts, Refunds or Credits--Redemptlon of Stamps~ Tobacco arid Firearms Tax--Settlement of Claims~Redelegation 0f Authority.--The Assistant Director (Regu]ato~ Enforcement), Bureau of Alcohol, Tobacco and Firearms has ~edelegated to r~gional regulatory administrators the authority to allow or reject claims for allowance, abatement, rein|salon, refund or credit of taxes imposed on tobacco. Regional regulatory administrators also have been authorized to determine the firearms tax liabilities and to allow or reje.ct claims for abatement or refund of taxes or penalties, or for the redemption of stamps. Back re~erences: ATF Procedure Topical [Full Text o£ Order] DEPARTMENT OF THE TREASURY - Bureau of Alcohol, Tobacco and Firearms Delegation Order ATF R 0 1100.23 Redelegation by the As~istan~.Director (Regulatory Enforcement) the Authority to Setde Alcohol, Tobacco and. Firearms Tax Claims '" 1. Purpose. This ~rder delegate~ .t.o regional regulatory: admlnistra[brs cer,t~in. authority delegated to [he Assistant,-DirEctor (Regulatory Enforcem.ent) to settle" alcohol, tobacco and firearms tax claims and allows redelegation to lower levels. 2. De]eSaHom Under the authority delegated to the Assistant Director (Regtdatory Enforcement); Bureau of Alcohol, Tobacco and Firearms, by ATF O 1100.95, dated September I, 1978, I hereby delegate authority to regional regulatory administrators: a. To allow or to reject, in w~ole or in part: Digest, ~[4101, 4102, 410Z (1) Claims for drawback of tax paid or determined on distilled spirits used in nonbeverage products and filed under the provisions of 26 U.S.C. 5134(b). (2) Claims for allowance, abatement, "remission, ref~ndl or credit of taxes imposed under chapters 51 and 52 of title 26 of the United States Codi~. b. To determine tax liabilities arid to allow or reject cla.ims for abatement or refund of t~xes or penalties, or for. redemption of stamps, prescribed by chap.tot 53 of title 26 of the United Stat~s Code. 3.'Redeleg~tion. Regional "regulatory administrators may redelegate this authority to regional Regulatory Enforce.merit personnel not lower than the position of chief, technical services. Dated: January 22, 1979. 'William T. Drake Acting Assistant Director (Regulatory :Enforcement) ~CCH~ [¶ 26,022] ATF DELEGATION ORDER ATF R O 1100.24. Issued by the Bureau of Alcohol, Tobacco and Firearms, February 16, '1'979~ 1979-1 ATF ATF Procedure-±Assessment and Collection of Tax--Limitations Period'- Execution of Cons~nts~Redelegation of Authority.~The Assistant Director (Regulatory Enforcement), B~areau of Alcohol, Tobacco and Firearms has redelegated to regional regulatory administrators the authority to sign consents fixing the period of limitations on assessment or collection of'~ under Chapters 52 (relating to cigars, cigarettes, and cigarette papers and tubes) and $3 (relating to machine guns, destructive devices, and certain other firearms), Title 26 of the United States Code. Back reference: ATF Procedure Topical Digest, ~ 4051. [Full Text o~Order] Redelegation by the Assistant Director DEPARTMENT OF THE TREASURY (Regulatory Enforcement) the Authority Bureau of Alcohol, Tobacco and Firearms to Execute Consents Fixing the Period of Delegation Order ATF R O 1100.24 F~lerai TobacCo0 Flre~'i~lS and Expl~sives Reports ¶ 26~O22 Ti 19702330
Page 155: TI19702331
11,026 New Develepmen~s~Mis~-~laneeus Developmerds IAmi~atiorm on Assessment or Collecdon of Tax I. Purpose. This order delegates to regional regulator)' administrators certain authority del~gated to the Assistant Director (Regulatory EMoreement) to sign consenL~ fixing the period of limitations on assessment or collection of tax. 2. Delegation. Under the authority delegated to the Assistant Director (Regulatory Enforcement) Bureau o¢ Alcohol, Tobacco and Firearms, by ATF O 1100.108, dated February 8, 1979, I hereby delegate to regional regulatory administrators the aut~rity to sign consents firing Ihe period d limitations on assessment or collection oi tax under chapters 51, 52, and 53, title 26 uf the United States Code. 3. Redetegation. Regional regulatory administrators may redelegate this authority to regional Regulatory Enforcement personnel not 10wcr than the position of chief, technical services. Dated: February 16, 1979 William T. Drake Acting Assistant Director ~Regulau)ry Enforcemen0 --CCH-- [¶26,023] ATF ANNOUNCEMENT 79-50. Issued by the Bureau of Alcohol, Tobacco and Firearms. 1979-2 ATF Bul. 56. ATF Procedure--Records and Regulations--Forms and Publications.--Requests for Bureau of Alcohol, Tobacco and Firearms publicatigns and forms should be directed to the ]~ureau of Alcohol, Tobacco and Firearms, Distribution Center. Telephone requests will be received for emergency supplies. Orders for ATF printed material are to be submitted on ATF Form 1600.1, Requisition for Forms or Publications. ATF Form 1600.8, Requisition for Firearms/Explosives Forms, is to be used to expedite orders for firearms or explosives forms. Back reference: ATF Procedure Topical Digest, ¶ 4401. [Full Text of Announcement] Requests for Bureau of Alcohol, Tobacco and Firearms publications and forms should be directed to: Bureau of Alcohol, Tobacco and Firearms Distribution Center 3800 South Four Mile Run Drive Arlington, Virginia 22206 Orders for ATF printed material, are to be submitted on ATF Form 1600.1, Requisition for Forms or Publications. ATF Form 1600.8, Requisition for Firearms/Explosives Forms, arc to be used to expedite orders for firearms or explosives forms. All requests should be submitted to the Distribution Center wiLh the following information: 1. Form Numberts) 2. Quantities Desired 3. Requester's Name 4. Street Address anti P.O. Box lif any) 5. City and Stale 6. Zip Code 7. Telephone Number Telephone requests will be received for emergency supplies at the following number: (703) 557-7850. ~CCH~ ¶ 26,022 ~1979, Commerce Clearing House, Inc. 124~33 T119702331
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is 9.~ New D~ve~opments--Miscetlarmous D~vstepmsnts 11,027 [¶ 26,024] PRELIMINARY -COUNTERVAILING DUTY.DETERMINATION NOTIC~:m FIREARMS AND PARTS FROM. BRAZIL. Issued by the Customs Service, Department of the Treasury, September 14, 1979. 44 FR 53597. Firearms~Importation--Preliminary Countervailing Duty Determination~- l~rearrds and Parts from Brazil.--Tbe Treasury Department has made a preliminary determinatiof= that the government of Brazil is subsidizing exporfs of certain firearms and pa~s to the Unit¢~l States. The investigation was initiated after a satisfactory petition was received on February 22; 1979, and a final determination will be made by March 17, 1980. Th6 Countervailing Duty Law requires the Treasury Department to assess an additional customs duty equal to the net a1~ount of a subsidy paid on imported merchandise. The law also provides that the additional customs du~y be imposed on duty- ~ree merchandise only if the U.S. Int.ernational Trade Commission determines that a domestic industry is being injured b]/the subsidized imports. Therefore, i£ the Treasury determines that a subsidy is being paid, the case wil! be referred to the U.S. International Trade Commission for a review of the injury question before any .~dditional duty is imposed. Ba~k reference: Firearm~ Topical Digest, ~[ 2334. [Full Text ofNotice] DEPARTMENT oF THE TREASURY Customs Service Certain Firearms and Parts From Brazil; Preliminary C~untervalling Duty Determination AGENCY:. U.S, Customs Servfce, Treasury Department. ACTION: Preliminary Countervailing Duty Determination. SUMMARY." ~his notice is to inform the public that a countervailing duty investigation has resulted in a preliminary a.fr~mative determfnation that the Government of Brazil.has given benefits Which may constitute, bounties or grants on the manufacture, production or exportation of c.ertain firearms and parts. If a final determination is not r~ached prior to December 31,1979, then in accordance with s, ectidn 102(a)(2) of the.Trade Agreements Act nf~tg79 (P.L 96339. 93 Stat. 144), it will be made no later than March 17,1980. =FFECllVE OAT~ September 14, 1979. Michael Realty, Operations Officer, Technical Branch, Duty Assessment Division, Office of Operations, U.S. Customs Service, 1301. Constitution Avefiue; N.W., Washington, D.C. ~.022.q, telephone (202-.566-5492). Fsd~rsl Tobscco, Firearms and Explosives Reports SUPPLEMENTARY INFORMATION: On April 5,1979, a notice of"Receipt of Countervailing Duly Petition and Initiation of Investigation" was published in the Federal Register (44 FR 20536). The notice stated thdt a petition had been received ~llegthg that benefits given by the Government of Brazil upon the manufacture, ptodectidn or exportation ofcertuin firearms and parts from Brazil constitute a bounty or grant within the meaning of section'303, Tariff Act of 1930, as amended (19 U.S.C. 1303) ("the The merchandise specified in the petition includes rifles classified under item numbers 730.23, 7~0,~5, 73O,27, 730.29 and 730.31 of the Tariff Schedules of the-United States Annotated CrSUSA}; shotguns undhr item numbers 730.37, 730.39, 730.41, 730.43 and 730.45; combination shotguns and rifles under item numbers 730,51, 730,53, 730,55, 730.57 and 730.59; and parts of rifles, shotguns ,and combination shotguns and rifles under item. numbers 730.63: 730.~5, 730.67, 730.71, 730.73, 730,74, 730.75 and 730.77. Merchandise from Brazil entered under each of the foregoing item numbers except 730.29, 730.41 and 730.77 currently is free of ordinary Customs duties under the Generalized System of • Preferences (GSP), authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461 ~- 2465, ~8 Stat. 2066-2071). If a.Fmal affirmative determination is made before December 31,1979, those items ¶ 26,024 TI19702332
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11,028 New Deveiopme~ts----Misce~aneo~ entered reader GSP w~ be ~eferred to • e ~tema~on~ ~a~e Co~ission Commission] p~sua~ ~ sec~on ~) of ~e Act (~9 U.~.C. ~3~)) ~ p~er • at ~e Com~ss~on may dete~ine whe~e~ an indus~ in the U~ted States is be~ or is ]~ely to be inj~ b~ ~ason of the/mporta~on of such merchandise ~to the U~ted States. an af~a~ve determination is not made before December 31, ~979} ~en, in accord~ce wi~ section 10~(a) o~ ~e Trade ~eements Act of1979 ~.L. 39, 93 StaL ~), all merchandise ~om Brazil cove~ed by ~is det¢~ination (dutiable as well as duty f~e) may be referred to ~e Commi=~on for an determination under section 705(a) the Act if Brazil is then a "co~y ~der the A~reement" within the mea~ng o~ section 701{b) of ~e Act. On ~e basis of ah inves~a~ conducted p~suant to sec~on 159.47(c} ef the ~stoms Reg~ations {19 C~ 159.47[c~}, it has been prel~n~y determ~ed ~at cert~ pm~ams of the Gover~ent of Bra~l provide b~nefits which may co~tute booties or ~ants within ~e mean~ ef s~tion ~3 of ~e Act to man~ac~ers and/or exporters of the subject merchan~se. These benefits have been conferred under following programs: (1} Excessive remission upon export o~ the Industrial Products Tax {~i}, a value-added tax. The remission consists o~ granting, upon export, of an ~I tax credit 8renter than the ~I ac~ally incurred duri~ the production process. • These credits, based u~n the FOB, C and I, C and F, or CW value of the exports, may be used by ~e f~m to offset other taxes owed, redeemed for cash, or in limited circumstances. transferred from one fi~ to ano~er. To the extent that the excessive credits have been used by manufacturers of the subject merchandise to reduce tax liabilities or have been transferred or redeemed for their cash value, a bounty or grant would exist. No information has been ~ided to date regarding the use of these ~edits by manufacturers of the subject merchandise. Before making a final deter~nation, information will be sought with regard to IPI calculations on a basis other than FOB value, and the 26,024 extent to. wh/ch these credits are ~Jized by the ,firms concerned. [2) Preferential credit arrangements for the production of merchandise destined for export and for export financin~ under Resolution 398. amended by Reso]utlon 515. Under this program, administered by the Department of Foreign Commerce of Banco de Brasil S~. (CACRX), manufacturers of merchandise for export may obtain from commercial banks working capital Financing and export financin~ of 20. 30 or 40 percent (by sector) of the value of the exports of the preced~g year. To this amount may be added an amount corresponding to 2o percent of the increase in the value of exports of the firm for the previous year. This financing is provided at a rate below that offered by commercial institutions for 16ans of similar size and duration, and may be exempt from a one percent financial transaction tax. However, complete information regarding the use of this financing by manufacturers of the subject merchandise has not been provided to date. To the extent that this program is used by such manufacturers, a bounty or grant would exist. The bounty would be measured by the difference between the terms'mandated by the Government under Resolution 398 and those available in private commercial markets. (3) Programs of the Industrial Development Council (CD[] which provide exemptions from duties and IP1 taxes on imported capital goods used in the manufacture for export of the subject merchandise, and which provide for accelerated depreciation of plant and equipment made in Brazil for the production of firearms. To the extent that CDI benefits have been used.in the acquisition of capital 8oods used for the manufacture for export of the subject merchandise, a bounty or 8rant would exist. To date, i~sufficient information has been provided regarding the extent of the use of these programs by manufacturers of the subject merchandise. (4) Reduction of taxable income by the percentage of total sales accounted for by export sales. In "Textile Products © t979, Commerce Clearing House, Inc. TI19702333
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New l:~eiopmonts---M|sce~lan~ous Dev~i(~pments 1I;029 festa Brazil," 43 FR 53¢23-Z4, (November I~ ~8), lhe ~ss~ry Department stat~ that .[w)hile expo~ e~s ~R exempt~ ~om the payment of income taxes ~nd (~e) the~efo~ a bounty, ~e possible behests derived ~ere~m war not ~mputed ~to • e final boun~ in view of the uncertainty the overall tax effect of BI/I~ credits, which ~emse~ves ~e t~ated as [taxable] income, ~ ~e abs~ce of i~ormation ~om respondents or ~e ~ve~ment of Brazil conce~ng the actual experience of fire.ms indusW ~th regard to ~e utilization o~ ~e ~I credits and ~e profitability of the ~s ~der investigation, this p~gram is preli~n~ly considered a booty or grant. In ad~tian, it has been preferably determined ~at the following programs have not been utilized by man~ac~rers of firearms in Brazil and ~at ~erefore benefits have not been paid which constitute booties or grants ~th~ the meaning of set,on ~03 of ~e Act, {1) Tax credits available to located in Brazil's less developed regions as a~ini~tered by the Superintendency for ~e Deve]opment of th~ No.east {S~E~ and ~e . Super~tenden~ for ~e D~ve]opment the ~azon (S~}. • {2) Exemptio~ ~m duties and va]ue- ~dded taxes on capital goods ~ported to susta~ specific expo~ projects, administered by ~e Co~ission for ~e Granting of Fiscal Benefits to SpeciaI Expo~ Pro~s (B~. _ . {3) ~e ~educ~on of ~ert~n du~es and • e extension of ~I credi~ ~ conneFtion'~ certain approved projects ~der pro~ams a~stered by the ~port ~centives Co~Ission (C~EX}. {4} Financing for export under programs a~inistered by CAC~. ~der Resolu~on~ (5) ~nancin8 for export ex~nge contacts ~der Resolution 391. Accordingly, it is prefim/nar/~y determfned that bounties or grants w/thin the meaning of sect/on 303 of the Act are being paid or bestowed, directly or indirectly, upon the manufacture, production or exporation of certain firearms and parts from Brazil. If a final determination in this ~s.e is not made by DecemI~er 31, 1979, then, in accordance with section t02(a](2].qf the T~..ade Asreements Act of 1979 (P.L: 9~-- 39, 93 Star, 144), a final determination. will be made no later thar~ March 17, lg80. Before a final determination is made, consideration will be given to any relevant data, views- or arguments which are submitted in writing with respect to this preliminary determination. Submissions should be addressed to the Con~missioner of Customs, 1301 Constitution Avenue, NW:, Washington, D.C. 20229, in time to be received by his office no later than October 15,1979. Any request for an opportunity to present views orally should accompany such submission, and a copy of all submissions should be delivered to .any counsel that has heretofore re~resented any party to these pro.ceedings, This preliminary determination is published pursuant to section 303{a} of the Act. Pursuant to Reorganization Plan No. 26 of 1950 and Treasury Department Order.lOt-5, May 16, 1979, the provisions of Treasury Departmer~t Order No. 165, Revised, November 2, 1954, and § 159,47 of the .Customs Resulations (19 CFR 150.47J, insofar as they pertain to the issuance of a preliminary cpuntewailing duty determinatio~ by the Commissioner of Customs, are hereby waived. David R. B~nan, , . Acti~ C,e~eral Course/of the-Treasury. September 11, 1~9~ [FR Doe. ~-2~3~' Hled ~.t~-~:'~:~ am] ~C C H,~ Federal TobaccO, Firearms and Explosives Reports ¶ 26,024 Ti197023<34
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11,030 New Dmeelopm~i~ei|aneou= Bevetopments .~, 1;-~9 ~ 26,025] ATF DELEGATION ORDER ATF 0 1100.113. Issued by the Bureau of Alcohol, Tobacco and Firearms, October 4, 1979. 44 FR 61720. October 26, 1979. ATP Procedure--Rules and Regulations--Firearms and Munitions-Delegation of Authorlty.--Certain authorities now vested in the Director of the Bureau of Alcohol, Tobacco and Firearms by the regulations in 27 CFR Parts 47--Importation of Arms, Ammunition and Implements of War, 178--Commerce in Firearms and Aramunidon, and 179--Machineguns, Destructive Devices and Certain Other Firearms have been delegated to a lower organlzational level Specifically, the Assistant Director (Technical and Scientific Services) now has the authority to take final action on the following matters relating to 27 CFR Parts 47, 178, and 179: forms and applications for importation and exportation, forms required by Parts 47 and 179, curios or relics and collector's items determinations, destructive devices determinations, registration of firearms, registration of persons to import munitions, alternate identification of firearms by manufacturers and importers, applications to make or transfer firearms: transporta- tion of destructive devices, and quarterly firearms manufacturing and exportation reports. The Assistant Director (Regulatory Enforcement) has the authority to take final action on the following matters relating to 27 CFR Part 178: forms required by 27 CI~R Part 178 except for importation, publication of ordinances, and applications for emergency variations. Back reference: ATF Procedure Topical Digest, ~[ 4401. [Full Text of Notice] DEPARTMENT OF THE TREASURY Bureau of Alcohol, Tobacco and Firearms [Notice No. 80-1; Reference: ATF O 1100.113] DelegatiOn of Certain Authorities of the Director in 27 CFR Parts 47, 178, and 179 Delegation Order 1. Purpose. This order delegates certain authorities now vested in the Director by regulations in 27 CFR Parts 47, 178, and 179 to the Assistant Director (Technical and Scientific Services) or the Assistant Director (Regulatory Enforcement). The order also permits the redelegation of certain authorities to lower organizational levels. 2. Background. a. Under current regulations, the Director has authority to take final action on certain matters relating to: I1) Commerce in Firearms and Ammunition, 27 CFR Part 178. {2} Machineguns, Destructive Devices, and Certain Other Firearms; 27 CFR Part 179. ¶ 26,025 (3) Importation of Arms, Ammunition, and Implements of War; 27 CFR Part 47. b. It has been administratively determined that certain authorities now vested in the Director by these regulations belong at, and should be delegated to a lower organizational level. c, The delegations contained within this order will allow us to take action on these matters in an expeditious m~nner. 3. Delegations. Under the authority vested in the Director, Bureau of Alcohol, Tobacco and Firearms, by Treasury Department Order No. 221,. dated June 6, 1972, and by 26 CFR 301.7701-9, the authority to take final action on the following matters is hereby delegated to: a. Assistant Director (Technical and Sclenti~ic Services]. 27 CFR Part 178 (1] To prescribe all forms required by subpart G of 27 CFR Part 1_78, under 27 CFR 178.21, (2} To determine whether a particular firearm or ammunition is a curio or relic, under 27 CFR 1_78.26. {3) To determine whether a device is excluded from the definition of a destructive device, under 27 CFR 178.27. ~J1979, Commerce Clearing House, Inc. 314 II Ti19702335
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2n ; ~.~ New Dewloprnents----Mlscellaneo.s ~veiopn--,.mts 1]., 0 31 {4} To approve the transportation in interstate or foreign commerce of any destructive device, mach|negun, short- barreled shotgun, or short-barreled rifle. under 27 CFR ~78~28. (5) To approve applic,~tions to import firearms and ammunition, under subpart G of 27 CFR Part 178. under 27 CFR 178.1t2, 178.113. 178.114. and 178.110. (6) To authorize alternate means of identification of a firearm or a destructive device by a licensed importer or licensed manufacturer, under 27 CFR 178.92. [7} To require the filing ofATF F 4483- A, [5300.11}, Quarterly Firearms Manufacturing and Exportation Report, under 27 CFR 170.128[a}. 27 CFR Part 179 {8] To prescribe a.ll forms required by 27 CFR Part 179, under 27 CF~ 179.21, [9} To determine whether a device is e~cluded from the definition of a destructive device, under~ 27 CFR 179.24. [10} To determine whether a device" or firearm may be removed from the National Firearms Ant a~ a collector's item not likely to. .be used as a weapon, under 27 CFR 179.25. [11] To relieve qualified persons of requirement to pay special {occupational} tax, under 27 CFR 179;33[a}, (12} To relieve qualified manufacturers from compliance with any provision of 27 CFR Part 179~ under 27 CFR 179.33[a}. {13} To.~ppreve applications to make a firearm, under 27 CFR 179.64, (14} To approve applications to make a firearm for the United States, under 27 CFR 179.69, (15} To approve applications to make a firearm by or on behalf of certain Government entities, under 27 CFR 179.70. [10} To approve applications to ti'ansfer firearms, under 27 CFR 179.86. [17} To approve applications in transfer firearms to special [occupational} taxpayers, under 27 CFR 179.88. (10] To ap'prove applic~tions~ to transfer firearms to certain Government entities, under 27 CFR 179.90. (1@} To~spprove applications to tran:sfer unserviceable firearms as a curio or ornament, under 27 CFR 179.9"1. (20) To authorize other means of identification of firearms and destructive devices, under 27 CPR 179,102. [2~} To receive notice and effectuate registration of firearms manufactured° under 27 CFR 179.103. (22} To-approve registration of firearnts acquired by certain Government entities, under 27 CFI~ 179.104. (23} To approve importations of firearms, under 27 CFR 179~111, (24) To receive noticeand effectuate registration of imported firearms, under 27 CFR 179.11Z. (25) To approve applications for the~ conditional importation of firearms, under: 27 CTR 179.113. [28} To approve applications and execute permits for the exportation of firearms, under 27 CFR 179.115. (27) To vary the requirements relating to permits and'-~upporfing documents for firearms exported to persons in the insular possessions of the U.S., under 27 CFR 179.121. (28} To issue duplicate documents evidencing possession of a firearm, under 27 CFR 179A42. 27 CFR Part 47 (29} To approve applications for registration of persons to" import articles enumerated on the U,S. Munitions Import List, under 27 CFR 47.32. (30} To approve the refund of registration fee, under 27 CFR 47.32, [31~ To prescribe a longer or shorter period of records retention, under 27 CFR 47.34[b}. {32~ To prescribe all forms required by 27 CFR Part 47, under 27 CFR 47.3~, (33J To approve permit appli~.ations to import firearms, ammunition, and implements o~ war, under 27 CFR 47.42. (34} To amend, alter, or c~rtify permits to import fire.arms, ammunition, and implements of wa~r, under 27 CFR 47.43[c). (35) To deny, revoke, suspend, or revise permits to import firearms, Federi~T(~becco. Rrearml sn~ Explosives Reports ¶ 26,025 TI 19702336

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