ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

The U.S. Dept. of Transportation is classifying certain 1.75-inch aerial shells, previously classified as 1.4G consumer fireworks, as 1.3G display fireworks (UN0335) for transportation purposes. Will these aerial shells be regulated by ATF?

Yes. The exemption for ‘consumer fireworks’ or ‘articles pyrotechnic’ found in 27 CFR § 555.141(a)(7) states that Part 555 (Commerce in Explosives) does not apply to “The importation, distribution, and storage of fireworks classified as UN0336, UN0337, UN0431, or UN0432 explosives by the U.S. Department of Transportation at 49 CFR 172.101…” The definition for “display fireworks” states, in part, that “…Display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 CFR 172.101…” Therefore, this reclassification by USDOT causes these materials to fall under the definition of display fireworks.