Importing Small Parts

[Rio Laxas]

I have a pistol for which it is rather hard to find certain small parts and magazines domestically. There are a couple of sellers in eastern Europe that sell these parts to buyers in the US. Most of the prices for the parts that I am looking at are in the $100 - $200 range.

From this document: https://www.atf.gov/firearms/docs/g...rearms-ammunition-and-implements-war/download

5. Pursuant to 27 CFR 447.41(c), an import permit is not required for the importation of –

Minor components and parts for Category I(a) and I(b) firearms except barrels, cylinders, receivers (frames) or complete breech mechanisms, when the total value does not exceed $100 wholesale in any single transaction

It is my understanding that purchase of small parts with a value greater than $100 requires an ATF Form 6. These sellers have apparently had a relatively high number of sales to US purchasers by sending these parts without a customs declaration. According to the sellers, there have been no issues in doing this.

Am I missing something here or are the purchasers in these transactions violating the law and getting away with it because it is difficult to eneforce?

I suppose if the parts are sent without a customs declaration then it would be up to customs to decide if they are truly worth more than $100 (which they shouldn't be in my opinion, but that is what is being charged), but it seems like the actual money exchanged would be at issue if it was actually investigated. Since these purchases would be "retail" sales, could it be argued that there is a different "wholesale" value?

 

[AlexanderA]

Since these purchases would be "retail" sales, could it be argued that there is a different "wholesale" value?

Exactly. You could assume that the wholesale value is as little as 30% of the (retail) price you are paying.

 

[CapnMac]

Wondering how long before Art weighs in and closes this.
Failing to declare is complicated. As is admitting, against interest, to any notion of not using accurate values to evade Customs regulations.
"Everyone does it" is thin gruel, and not very THR.

Really, we can't even quibble about how Customs regulations seem to interfere with interstate commerce in goods, as Customs regulations are typically higher scrutiny, which moots that discussion.

 

[Frank Ettin]

I'll jump in an close this.

Several things for the OP to keep in mind:

• Getting away with committing a crime is not the same thing as doing things legally.
  
  
• An ATF import permit is one thing, and it applies strictly to the importation of certain gun parts. A customs declaration is something else and applies generally to the importation of stuff. A customs declaration might be required even if a Form 6 is not. A customs declaration might be required even if no duty would be due.
  
  
• I offer no opinion as to whether a customs declaration would be legally required here. However, the OP should remember that if the importation by him of these goods requires a customs declaration, and the vendor doesn't provide one, the vendor is way over there some place, while the OP is right here in easy reach of federal authorities.