Oddly enough, another website is stating that the ATFE refusal letter was for ONE pistol, because the individual was stupid enough to brag to ATFE that he was bending the rules to "make" and SBR and there wasn't anything they could do about it...so ATFE declared THAT pistol to be an NFA SBr...it sounds like something ATFE would do, with their non-existent rule book.
No, don't have to fool around 922(r), as an NFA firearm is exempt from 922(r). A GCA non NFA imported rifle has to qualify under 922(r), but not a pistol, so once you've gotten your completed Form 1 and paid for tax stamp delivered, it's no longer under the purview of 922(r).