27 C.F.R. § 447.46

Articles in transit

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Articles subject to the import permit procedures of this subpart which enter the United States for temporary deposit pending removal therefrom and such articles which are temporarily taken out of the United States for return thereto are regarded as in transit and considered neither imported nor exported under this part. Such transactions are subject to the Intransit or Temporary Export License procedures of the Department of State (see 22 CFR part 123) or the entry clearance requirements for temporary imports maintained by the Department of Commerce (see 15 CFR 758.10).

[T.D. ATF-8, 39 FR 3251, Jan. 25, 1974, as amended by T.D. ATF-215, 50 FR 42161, Oct. 18, 1985; ATF-2020R-03D, 91 FR 24356, May 6, 2026]
Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: United States v. Peter Tran, 472 F. App'x 629 (9th Cir. 2012).
United States v. Peter Tran, 472 F. App'x 629 (9th Cir. 2012). “See 27 C.F.R. § 447.46 . That regulation states, in relevant part, that “[a]ny person who intends to export or import temporarily a defense article must obtain the approval of the Directorate of Defense Trade Controls prior to the export or temporary import.”
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