PHMSA letter of interpretation

Imported small arms ammunition

Pipeline and Hazardous Materials Safety Administration · Nov 6, 2008 · Reference No. 08-0179

Interprets: 49 CFR § 173.56

Reggie’s quick take

Someone asked whether small arms ammunition made outside the United States must be tested, classed, and approved even when it would otherwise be excepted under § 173.56(h). The agency says that ammunition meeting the exception criteria (ammunition for rifle, pistol, or shotgun, with an inert projectile or blank, or within the stated caliber or gauge limits, and not a forbidden explosive under § 173.54) does not need the § 173.56 approval process and may be given classification code 1.4S by the manufacturer. The exception covers both domestic and foreign-made ammunition that passes through the United States. Foreign manufacturers still need any approvals required by their home country, or by countries of transit or overflight.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This responds to your letter dated July 10, 2008, regarding the requirements in § 173.56(h) for transportation of imported small arms ammunition under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if small arms ammunition manufactured outside of the United States must be tested, classed, and approved even if it would otherwise be excepted from the approval process under § 173.56(h).

A person offering a new explosive for transportation must ensure that the explosive has been tested, classed, and approved in accordance with § 173.56 and assigned an EX-number by the Associate Administrator for Hazardous Materials Safety (See § 173.56(b)). A new explosive that has received approval from a competent authority of a foreign government under the provisions of § 173.56(g) must receive an EX-number from the Associate Administrator for Hazardous Materials Safety for transportation in the United States.

The requirements of § 173.56 do not apply to cartridges, small arms that are:

- Not a forbidden explosive under § 173.54;
- Ammunition for rifle, pistol, or shotgun;
- Ammunition with inert projectile or blank ammunition; and
- Ammunition not exceeding 50 calibers for rifle or pistol cartridges or 8 gauges for shotgun shells.

"Cartridges, small arms" meeting these criteria may be assigned a classification code of 1.4S by the manufacturer (See § 173.56(h)). The exception applies to domestically or internationally manufactured "Cartridges, small arms" that transit the United States. However, this provision does not relieve a manufacturer outside of the United States from obtaining any necessary competent authority approvals from the country of origin, transit, or overflight when the ammunition is transported.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.