Scorch,
You are definitely correct about what the ATF considers a firearms manufacturer, and I truly believe you got the correct answer 4 years ago when you inquired with US Customs about the need for ITAR compliance.
What the DDTC is doing is not using the ATF definition of "manufacturer" in a specific letter to manufacturers AND gunsmiths. The original letter can be found here:
http://pmddtc.state.gov/compliance/...ement to Firearms Manufacturers (Publish).pdf
Registration Required – Manufacturing:
In response to questions from persons engaged in the business of gunsmithing, DDTC has found in specific cases that
ITAR registration is required because the following activities meet the ordinary, contemporary, common meaning of “manufacturing” and, therefore,
constitute “manufacturing” for ITAR purposes:
a) Use of any special tooling or equipment upgrading in order to improve the capability of assembled or repaired firearms;
b) Modifications to a firearm that change round capacity;
c) The production of firearm parts (including, but not limited to, barrels,
stocks, cylinders, breech mechanisms, triggers, silencers, or suppressors);
d) The systemized production of ammunition, including the automated loading or reloading of ammunition;
e) The machining or cutting of firearms, e.g.,
threading of muzzles or muzzle brake installation requiring machining, that results in an enhanced capability;
f)
Rechambering firearms through machining, cutting, or drilling;
g)
Chambering, cutting, or threading barrel blanks; and
h)
Blueprinting firearms by machining the barrel.
And I think that is an INSANE definition of "manufacture" since it is patently clear that someone doing a custom rear end swap on a car is going to have to do some machining, but the mechanic is clearly not "manufacturing" a car, just doing a modification. Also you have to wonder why in the world "stocks" would be listed?
But, the actual US Munitions List starts out with 50 cal and under small arms.
(g) Barrels, cylinders, receivers (frames)
or complete breech mechanisms for the articles
in paragraphs (a) through (d) of this category.
(h)
Components, parts, accessories and attachments
for the articles in paragraphs (a)
through (g) of this category.
Since a "stock" is a component of a firearm, then sure as shooting there is a legal case to be made for anyone in the business of making and selling stocks would be subject to ITAR registration.
I think this guidance letter is insane, as domestic gunsmithing activities are as separated from the international arms trade the same way your local doctor is separated from the international drug trade.
Jimro