I'm not getting too worked up about that information just yet - we've been through this before, with Obama's ATF. They wanted to classify M855 // SS109 as "armor piercing ammunition." They wanted to classify solid-material projectiles as "armor piercing," just because they were one material, and a solid. Barnes Bullets filed for an exemption for their TSX line of projectiles, and it took a very long time to get them back - and it was a short list. The .224" 70gr TSX disappeared for quite awhile, because Barnes didn't put it on their original request for exemption.
So, who in the world knows how this FBI is classifying this ammo... nobody does. Are they using the older ATF definition, of the projectiles being a solid? Who knows.
Sounds like bullshiit and a frame-job, though, if you ask me.