From USML
*(b) Propellants, as follows (MT for composite and composite modified double-base propellants):
(1) Any solid propellant with a theoretical specific impulse (see paragraph (k)(4) of this category) greater than:
(i) 240 seconds for non-metallized, non-halogenated propellant;
(ii) 250 seconds for non-metallized, halogenated propellant; or
(iii) 260 seconds for metallized propellant;
(2) Propellants having a force constant of more than 1,200 kJ/Kg;
Only very high performance EX propellents would qualify, I do not think APCP can reach this ISP levels in a real motor. (Maybe in Propep)
Here’s why I reached the conclusion I did. Start with Category IV part (a). From the USML:
“Category IV—Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines
*(a) Rockets, space launch vehicles (SLVs), missiles, bombs, torpedoes, depth charges, mines, and grenades, as follows:
(1) Rockets, SLVs, and missiles capable of delivering at least a 500-kg payload to a range of at least 300 km (MT);
(2) Rockets, SLVs, and missiles capable of delivering less than a 500-kg payload to a range of at least 300 km (MT);
. . .
(5) Rockets, SLVs, and missiles not meeting the criteria of paragraphs (a)(1) through (a)(4) of this category.”
Paragraphs () and (2) don’t apply. Those are really big rockets. Paragraph (5) suggests that all other rockets are covered. Fortunately, we have Note 3 to paragraph (a): “This paragraph does not control model and high power rockets (as defined in National Fire Protection Association Code 1122) and kits thereof made of paper, wood, fiberglass, or plastic containing no substantial metal parts and designed to be flown with hobby rocket motors that are certified for consumer use. Such rockets must not contain active controls (e.g., RF, GPS).”
Next go to rocket motors:
“*(d) Rocket, SLV, and missile power plants, as follows:
(1) Except as enumerated in paragraph (d)(2) or (d)(3) of this category, individual rocket stages for the articles enumerated in paragraph (a)(1), (a)(2), or (a)(5) of this category (MT for those stages usable in systems enumerated in paragraphs (a)(1) and (a)(2) of this category);
(2) Solid propellant rocket motors, hybrid or gel rocket motors, or liquid propellant rocket engines having a total impulse capacity equal to or greater than 1.1 × 106 N·s (MT);
(3) Solid propellant rocket motors, hybrid or gel rocket motors, or liquid propellant rocket engines having a total impulse capacity equal to or greater than 8.41 × 105 N·s, but less than 1.1 × 106 N·s (MT).
. . .
(7) Rocket, SLV, and missile engines and motors, not otherwise enumerated in paragraphs (d)(1) through (d)(6) of this category or USML Category XIX.”
Unless my math is wrong, (3) would be a T motor. And (2) would be a T/U motor. Note 3 to paragraph (a) excludes rocket rockets built for certified motors, so the motors themselves are excluded by virtue of that note, so (1) is out as well. That leaves (7). (7) covers all rocket motors other than described in (1), (2), and (3). Fortunately, we have a note similar to Note 3 to paragraph (a):
“Note 1 to paragraph (d): This paragraph does not control model and high power rocket motors, containing no more than 5 pounds of propellant, that are certified for U.S. consumer use as described in National Fire Protection Association Code 1125.”
Note 1 to paragraph (d) excludes only certified motors. So it appears to me that EX motors of any kind are covered by ITAR under USML Category IV(d)(7). As you note, the propellants are probably not covered, but EX motors themselves appear to be. And even commercial motors with more than 5 pounds of propellant also appear to be covered by USML Category IV(d)(7).
Again, not legal advice, but you should be able to follow my analysis.
Joe
