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Importing into the United States - Indo-American Chamber Of ...

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Importers should be advised that once <strong>the</strong><br />

USTR has taken a Section 301 action, U.S. Customs<br />

is responsible for implementing <strong>the</strong> action<br />

as directed by USTR.<br />

Information on USTR actions that U.S.<br />

Customs is currently implementing is located<br />

at <strong>the</strong> following Internet address:<br />

http://www.customs.treas.gov/impoexpo/ustract.htm.<br />

38. ALCOHOLIC BEVERAGES<br />

Any person or firm wishing to engage in<br />

<strong>the</strong> business of importing distilled spirits,<br />

wines, or malt beverages <strong>into</strong> <strong>the</strong> <strong>United</strong> <strong>States</strong><br />

must first obtain an importer’s basic permit<br />

from <strong>the</strong> Bureau of Alcohol, Tobacco and<br />

Firearms, Department of <strong>the</strong> Treasury, Washington,<br />

DC 20226, Tel. 202.927.8110. That<br />

agency is responsible for administering <strong>the</strong><br />

Federal Alcohol Administration Act.<br />

Distilled spirits imported in bulk containers<br />

of a capacity of more than one gallon<br />

may be withdrawn from Customs custody only<br />

by persons to whom it is lawful to sell or o<strong>the</strong>rwise<br />

dispose of distilled spirits in bulk. Bulk or<br />

bottled shipments of imported spirits or distilled<br />

or <strong>into</strong>xicating liquors must, at <strong>the</strong> time<br />

of importation, be accompanied by a copy of a<br />

bill of lading or o<strong>the</strong>r documents such as an<br />

invoice, showing <strong>the</strong> name of <strong>the</strong> consignee,<br />

<strong>the</strong> nature of its contents, and <strong>the</strong> quantity contained<br />

<strong>the</strong>rein (18 U.S.C. 1263).<br />

U.S. Customs will not release alcoholic beverages<br />

destined to any state for use in violation of its<br />

laws, and <strong>the</strong> importation of alcoholic beverages in<br />

<strong>the</strong> mails is prohibited.<br />

The <strong>United</strong> <strong>States</strong> adopted <strong>the</strong> metric<br />

system of measurement with <strong>the</strong> enactment of<br />

<strong>the</strong> Metric Conversion Act of 1975. In general,<br />

imported wine must conform with <strong>the</strong> metric<br />

standards of fill if bottled or packed on or after<br />

January 1, 1979. Imported distilled spirits, with<br />

some exceptions, must conform with <strong>the</strong> metric<br />

standards of fill if bottled or packed on or after<br />

January 1, 1980. Distilled spirits and wines bottled<br />

or packed prior to <strong>the</strong>se respective dates<br />

must be accompanied by a statement to that<br />

effect signed by a duly authorized official of<br />

<strong>the</strong> appropriate foreign country. This statement<br />

may be a separate document or may be shown<br />

on <strong>the</strong> invoice. Malt beverages including beer<br />

are not subject to metric standards of fill.<br />

MARKING<br />

Imported wines in bottles and o<strong>the</strong>r containers<br />

are required to be packaged, marked,<br />

branded, and labeled in accordance with <strong>the</strong><br />

regulations in 27 CFR Part 4. Imported malt<br />

beverages, including alcohol-free and nonalcoholic<br />

malt beverages, are also required to be<br />

labeled in conformance with <strong>the</strong> regulations in<br />

27 CFR Part 7. The labeling regulations governing<br />

imported distilled spirits can be found<br />

in 27 CFR Part 5.<br />

Each bottle, cask or o<strong>the</strong>r immediate container<br />

of imported distilled spirits, wines, or<br />

malt beverages must be marked for Customs<br />

purposes to indicate <strong>the</strong> country of origin of<br />

<strong>the</strong> alcoholic beverage contained <strong>the</strong>rein, unless<br />

<strong>the</strong> shipment comes within one of <strong>the</strong> exceptions<br />

outlined in Chapter 32 of this book.<br />

CERTIFICATE OF LABEL<br />

APPROVAL<br />

Labels affixed to bottles of imported distilled<br />

spirits, wine and malt beverages must be<br />

covered by certificates of label approval issued<br />

to <strong>the</strong> importer by <strong>the</strong> Bureau of Alcohol,<br />

Tobacco and Firearms. Certificates of label<br />

approval or photostatic copies must be filed<br />

with Customs before <strong>the</strong> goods may be<br />

released for sale in <strong>the</strong> <strong>United</strong> <strong>States</strong>.<br />

Certificate-of-label approval requirements must<br />

also be met for fermented malt beverages if<br />

similar to <strong>the</strong> federal requirements (27 CFR<br />

Parts 4, 5 and 7).<br />

IMPORTING INTO THE UNITED STATES<br />

85

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