27 C.F.R. Subpart E—Requirements for Withdrawal of Wine From Customs Custody
Title 27 - Alcohol, Tobacco Products and Firearms
(a) Certificate of label approval. No imported beverage wine in containers shall be released from U.S. Customs custody for consumption unless there is deposited with the appropriate Customs officer at the port of entry the original or a photostatic copy of an approved certificate of label approval, TTB Form 5100.31. (b) If the original or photostatic copy of TTB Form 5100.31 has been approved, the brand or lot of imported wine bearing labels identical with those shown thereon may be released from U.S. Customs custody. (c) Relabeling. Imported wine in U.S. Customs custody which is not labeled in conformity with certificates of label approval issued by the appropriate TTB officer must be relabeled prior to release under the supervision and direction of Customs officers of the port at which the wine is located. (d) Cross reference. For procedures regarding the issuance, denial, and revocation of certificates of label approval, as well as appeal procedures, see part 13 of this chapter. [T.D. ATF–66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF–94, 46 FR 55095, Nov. 6, 1981; T.D. ATF–242, 51 FR 39525, Oct. 29, 1986; T.D. ATF–359, 59 FR 42160, Aug. 17, 1994; T.D. ATF–406, 64 FR 2128, Jan. 13, 1999] (a) Origin and identity. Imported wine shall not be released from customs custody for consumption unless the invoice is accompanied by a certificate of origin issued by a duly authorized official of the appropriate foreign government, if the issuance of such certificates with respect to such wine has been authorized by the foreign government concerned, certifying as to the identity of the wine and that the wine has been produced in compliance with the laws of the respective foreign government regulating the production of such wine for home consumption. (b) Certification of proper cellar treatment of natural wine—(1) General. An importer of wine may be required to have in his or her possession at the time of release of the wine from customs custody a certification or may have to comply with other conditions prescribed in §27.140 of this chapter regarding proper cellar treatment. If imported wine requires a certification under §27.140, the importer must provide a copy of that certification to TTB as follows: (i) The importer must attach a copy of the certification to the application for a certificate of label approval for the wine in question submitted under §13.21 of this chapter; or (ii) If a certification for the wine in question was not available when the importer submitted the application for label approval, the importer must submit a copy of the certification to the appropriate TTB officer prior to release from customs custody of the first shipment of the wine. (2) Validity of certification. A certification submitted under paragraph (b)(1) of this section is valid as long as the wine is of the same brand and class or type, was made by the same producer, was subjected to the same cellar treatment, and conforms to the statements made on the certification. Accordingly, if the cellar treatment of the wine changes and a new certification under §27.140 is required, an importer is required to submit a new certification for the wine even though it is subject to the same label approval. (3) Use of certification. TTB may use the information from a certification for purposes of verifying the appropriate class and type designation of the wine under the labeling provisions of this part. TTB will make certifications submitted under paragraph (b)(1) of this section available to the public on the TTB Internet Web site at www.ttb.gov. [ T.D. 6521, 25 FR 13835, Dec. 29, 1960, as amended by T.D. TTB–31, 70 FR 49482, Aug. 24, 2005] A person may import wine in containers not conforming to the metric standards of fill prescribed at §4.73 if the wine is: (a) Accompanied by a statement signed by a duly authorized official of the appropriate foreign country, stating that the wine was bottled or packed before January 1, 1979; (b) Being withdrawn from a Customs bonded warehouse into which it was entered before January 1, 1979; or (c) Exempt from the standard of fill requirements as provided by §4.70(b)(1) or (2). [T.D. ATF–76, 46 FR 1727, Jan. 7, 1981]
Title 27: Alcohol, Tobacco and Firearms
PART 4—LABELING AND ADVERTISING OF WINE
Subpart E—Requirements for Withdrawal of Wine From Customs Custody
§ 4.40 Label approval and release.
§ 4.45 Certificates of origin, identity and proper cellar treatment.
§ 4.46 Certificate of nonstandard fill.
