  
  
G/TBT/N/USA/1739  
14 June 2021  
(21-4828) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
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 [1768]  
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 
equipped with stabilizing braces; Revolvers and pistols (excl. those of heading 9303 or 
9304 and sub -machine guns for military purposes) (HS 9302); Parts and accessories for 
weapons and the like of heading 9301 to 9304, n.e.s (HS 9305); Domestic safety (ICS 
13.120), MILITARY ENGINEERING (ICS 95)  
5. Title, number of pages and language(s) of the notified document:  Factoring 
Criteria for Firearms With Attached "Stabilizing Braces" (26 page(s), in English)  
6. Description of content:  Notice of propos ed rulemaking; request for comment - The 
Department of Justice ("Department") proposes amending Bureau of Alcohol, Tobacco, 
Firearms, and Explosives ("ATF")  regulations to clarify when a rifle is "intended to be fired 
from the shoulder." The Department prop oses factors ATF considers when evaluating 
firearms equipped with a purported "stabilizing brace" to determine whether these 
weapons would be considered a "rifle" or "short -barreled rifle" under the Gun Control Act 
of 1968 ("GCA") or a "rifle" or "firearm"  subject to regulation under the National Firearms 
Act ("NFA"). This proposed rule is a separate action from the Notice on the Objective 
Factors for Classifying Weapons with "Stabilizing Braces" published on 18 December 2020, 
and withdrawn on 31 December 2 020. No comments received under the withdrawn notice 
were considered for this proposed rule, and no comments received pursuant to that notice 
will be considered as part of this proposed rule. Commenters will need to submit new 
comments in connection with t his proposed rule.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of 
human health or safety  G/TBT/N/USA/1739  
 
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  8. Relevant documents:  86 Federal Register (FR) 30826, 10 June  2021; Title 27 Code of 
Federal Regulations (CFR) Parts 478 and 479:   
https://www.govinfo.gov/content/pkg/FR -2021-06-10/html/2021 -12176.htm  
https://www.govinfo.gov/content/pkg/FR -2021-06-10/pdf/2021 -12176.pdf  
This notice of proposed rulemaking; request for comment is identified by Docket Number 
ATF 202 1R-08. The Docket Folder is available on Regulations.gov at  
https://www.regulations.gov/docket/ATF -2021-0002/document  and provides access to 
primary and supporting docume nts 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:  8 September 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_4073_00_e.pdf  
 