[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR53.134]

[Page 1010-1013]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 53_MANUFACTURERS EXCISE TAXES_FIREARMS AND AMMUNITION--Table of 
Contents
 
                Subpart K_Exemptions, Registration, Etc.
 
Sec. 53.134  Tax-free sale of articles for use by the purchaser as 
supplies for vessels or aircraft.

    (a) Supplies for vessels or aircraft--(1) In general. An article 
subject to tax under chapter 32 of the Code may be sold tax free by the 
manufacturer, pursuant to section 4221(a)(3) of the Code and this 
section, for use by the purchaser as supplies for vessels or aircraft. 
See paragraph (b) of this section for the meaning of the term ``supplies 
for vessels or aircraft.'' An article may be sold tax free under the 
provisions of this section only in those cases where the sale of an 
article by the manufacturer is made directly to the owner, officer, 
charterer, or authorized agent of a vessel or aircraft for use as 
supplies for the vessel or aircraft. No sale may be made tax free to a 
dealer for resale for use as supplies for vessels or aircraft, even 
though it is known at the time of sale by the manufacturer that the 
article will be so resold. See section 6416(b)(2)(B) of the Code and 
paragraph (c) of Sec. 53.178 for circumstances under which credit or 
refund of tax is available where tax-paid articles are used, or sold for 
use, as supplies for vessels or aircraft. An article may not be sold tax 
free under the provisions of this section by the manufacturer to 
passengers or members of the crew of a vessel or aircraft.
    (2) Civil aircraft of foreign registry. In the case of any article 
sold by the manufacturer for use by the purchaser as supplies for civil 
aircraft of foreign registry employed in foreign trade or in trade 
between the United States and any of its possessions, the provisions of 
this paragraph apply only if the reciprocity requirements of section 
4221(e)(1) of the Code are met. See paragraph (c) of this section.
    (b) Meaning of terms--(1) Supplies for vessels or aircraft. The term 
``supplies for vessels or aircraft'' means fuel supplies, ships' stores, 
sea stores, or legitimate equipment on vessels of war of the United 
States or of any foreign nation, vessels employed in the fisheries or in 
the whaling business, or vessels actually engaged in foreign trade or 
trade between the Atlantic and Pacific ports of the United States or 
between the United States and any of its possessions.
    (2) Fuel supplies, ships' stores, and legitimate equipment. The 
terms ``fuel supplies'', ``ships' stores'', and ``legitimate equipment'' 
include all articles, materials, supplies, and equipment necessary for 
the navigation, propulsion, and upkeep of vessels of war of the United 
States or of any foreign nation, vessels employed in the fisheries or in 
the whaling business, or vessels actually engaged in foreign trade or in 
trade between the Atlantic and Pacific ports of the United States or 
between the United States and any of its possessions, even though such 
vessels may make intermediate stops in the United States. The term does 
not include supplies for vessels engaged in trade:
    (i) Between domestic ports in the Atlantic Ocean and the Gulf of 
Mexico,
    (ii) Between domestic ports on the Pacific Ocean,
    (iii) Between domestic ports on the Great Lakes, or

[[Page 1011]]

    (iv) On the inland waterways of the United States.
    (3) Sea stores. The term sea stores includes any article purchased 
for use or consumption by the passengers or crew, or both, of a vessel 
during its voyage.
    (4) Vessel. The term vessel includes:
    (i) Every description of watercraft or other contrivance used, or 
capable of being used, as a means of transportation on water,
    (ii) Civil aircraft registered in the United States and employed in 
foreign trade or in trade between the United States and any of its 
possessions, and
    (iii) Civil aircraft registered in a foreign country and employed in 
foreign trade or trade between the U.S. and its possessions.
    (5) Vessels of war of the United States or of any foreign nation. 
The term vessels of war of the United States or of any foreign nation 
includes:
    (i) Every description of watercraft or other contrivance used, or 
capable of being used, as a means of transportation on water and 
constituting equipment of the armed forces (including the U.S. Coast 
Guard and U.S. National Guard) of the United States or of a foreign 
nation, and
    (ii) Aircraft owned by the United States or by any foreign nation 
and constituting equipment of the armed forces thereof.
    (iii) For purposes of this section, vessels or aircraft owned by 
armed forces are not considered to be equipment of such armed forces 
while on lease or loan to an organization that is not part of the armed 
forces.
    (6) Vessels used in fisheries or whaling business. The exemption 
provided by section 4221(a)(3) of the Code and paragraph (a) of this 
section in the case of articles sold for the prescribed use on vessels 
employed in the fisheries or whaling business is limited to articles 
sold by the manufacturer for such use on vessels while employed, and to 
the extent employed, exclusively in the fisheries or in the whaling 
business. For purposes of this section, vessels engaged in sport fishing 
are not considered to be employed in the fisheries business.
    (7) Civil aircraft. The exemption provided by section 4221(a)(3) of 
the Code and paragraph (a) of this section relating to supplies for 
vessels or aircraft, with respect to civil aircraft, extends only to 
civil aircraft when employed in foreign trade, or in trade between the 
United States and any of its possessions. Sales of supplies to civil 
aircraft when engaged in trade between the Atlantic and the Pacific 
ports of the United States are not exempt from the tax imposed under 
chapter 32 of the Code. See section 4221(e)(1) of the Code and paragraph 
(c) of this section for requirement of reciprocal exemption in the case 
of a civil aircraft registered in a foreign country.
    (8) Trade. The term ``trade'' includes the transportation of persons 
or property for hire and the making of the necessary preparations for 
such transportation. The term ``trade'' also includes the transportation 
of property on a vessel or aircraft owned or chartered by the owner of 
the property in connection with the purchase, sale, or exchange of the 
property in a commercial business operation. However, a vessel owned or 
chartered by a company and used in the transportation of personnel or 
property of such company to or from its business properties located in a 
foreign country, or in a possession of the United States, is not engaged 
in ``trade''.
    (c) Reciprocity required in the case of civil aircraft. The 
exemption provided by section 4221(a)(3) of the Code and paragraph (a) 
of this section with respect to the sales of supplies for civil aircraft 
registered in a foreign country is further limited in that the privilege 
of exemption may be granted only if the Secretary of Commerce advises 
the Secretary of the Treasury that the foreign country allows, or will 
allow, substantially the same reciprocal privileges. If a foreign 
country discontinues the allowance of such substantially reciprocal 
exemption, the exemption allowed by the United States will not apply 
after the Secretary of the Treasury is notified by the Secretary of 
Commerce of the discontinuance of the exemption allowed by the foreign 
country.
    (d) Evidence required to establish--(1) In general. The exemption 
provided in section 4221(a)(3) of the Code and paragraph (a) of this 
section for articles

[[Page 1012]]

sold for use by the purchaser as supplies for vessels or aircraft 
applies only:
    (i) If both the manufacturer and purchaser are registered under the 
provisions of section 4222 of the Code, or
    (ii) The purchaser or both the manufacturer and the purchaser are 
not registered but have satisfied the provisions of paragraph (d)(2) of 
this section.

See paragraph (c) of Sec. 53.131 for the evidence required to establish 
exemption where the purchaser is registered pursuant to section 4222 of 
the Code and Sec. 53.140.
    (2) Exemption certificates for use in support of tax-free sales of 
supplies for vessels and aircraft. (i) In order to establish exemption 
from tax under section 4221(a)(3) of the Code in those instances where 
the purchaser or both the manufacturer and purchaser are not registered 
under section 4222 of the Code, the manufacturer must obtain (prior to 
or at the time of the sale) from the owner, charterer, or authorized 
agent of the vessel or aircraft and retain in the manufacturer's 
possession a properly executed exemption certificate in the form 
prescribed by paragraph (d)(2)(iii) of this section. If articles are 
sold tax-free for use as supplies for civil aircraft employed in foreign 
trade or in trade between the United States and any of its possessions, 
the exemption certificate must show the name of the country in which the 
aircraft is registered.
    (ii) Where only occasional sales of articles are made to a purchaser 
for use as supplies for vessels or aircraft, a separate exemption 
certificate shall be furnished for each order. However, where sales are 
regularly or frequently made to a purchaser for such exempt use, a 
certificate covering all orders for a specified period not to exceed 12 
calendar quarters will be acceptable. Such certificates and proper 
records of invoices, orders, etc., relative to tax-free sales must be 
kept for inspection by the appropriate ATF officer as provided in 
section 6001 of the Code.
    (iii) Acceptable form of exemption certificate. A certificate of 
exemption to support tax-free sales under this section must include the 
following:
    (A) Name of owner, charterer, or authorized agent.
    (B) Name of company and vessel.
    (C) List article(s) covered by the certificate or beginning and 
ending dates during which orders will be placed (not to exceed 12 
calendar quarters).
    (D) Statement that articles will be used only for fuel supplies, 
ships' stores, sea stores, or legitimate equipment on a vessel belonging 
to one of the class of vessels to which section 4221 of the Code 
applies. Identify class of vessel certificate covers (see paragraphs (a) 
and (b) of this section).
    (E) If articles are purchased for use on civil aircraft engaged in 
foreign trade or trade between the United States and any of its 
possessions, state the country in which the aircraft is registered.
    (F) Statement that it is understood that if any articles are used 
for any purpose other than as stated in the certificate, or are resold 
or otherwise disposed of, the person executing the certificate must 
notify the manufacturer.
    (G) Statement that the certificate shall not be used to purchase 
tax-free articles for use as supplies, etc. on pleasure vessels or any 
type of aircraft except:
    (1) Civil aircraft employed in foreign trade or trade between the 
United States and any of its possessions;
    (2) Aircraft owned by the United States or any foreign country and 
constituting a part of the armed forces thereof.
    (H) Statement that it is understood that any fraudulent use of the 
certificate may subject person executing certificate and all parties 
making fraudulent use of the certificate to all applicable criminal 
penalties under the Code.
    (I) Statement that person executing certificate is prepared to 
establish by satisfactory evidence the purpose for which the article(s) 
was used.
    (J) Date, name, signature, and address of person executing the 
certificate.
    (iv) ATF I 5600.34. A preprinted certificate, ATF I 5600.34, 
Exemption Certificate, is available from the Bureau's Distribution 
Center which, when completed, contains all necessary information for a 
properly executed certificate.

[[Page 1013]]

Extra copies of ATF I 5600.34 may be reproduced as needed.

[T.D. ATF-308, 56 FR 303, Jan. 3, 1991, as amended by T.D. ATF-380, 61 
FR 37006, July 16, 1996]