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appropriate customs officer at such port of arrival to the effect that “ Appropriate F. A. C. A. release presented at New York (or other port). Permit withdrawal without further F. A. C. A. release."
PART III–CERTIFICATES OF AGE AND ORIGIN 1. Irish, sootch, and Canadian Whiskey:-(a) Irish, Scotch, and Canadian whiskey, blended or unblended, now in bonded warehouses should not be permitted to be withdrawn from customs custody, it consulated for importation on and after September 15, 1934, unless at the time of request for a permit for withdrawal, there is presented a certificate of origin, and also in the case of Irish and Scotch whiskey if the label claims age over three years, or in the case of Canadian whiskey, if the label claims age over two years, there åre presented certificates of age from duly authorized excise officers of the respective governments, certifying that the age is not less than represented on the label. In case shipments of Irish, Scotch, and Canadian whiskey arrive unaccompanied by certificates of origin, or of age, when required, the importer should be permitted to make a warehouse entry, but should not be permitted to withdraw from bond until these required certificates are presented. There should be made on such entry papers an appropriate notation to the effect that no certificate accompanied the shipment and a permit for withdrawal from bond should not be given until a certificate in proper form is presented. It is important to compare the age certified in the certificate from the appropriate excise oficers with that contained upon the label shown on the release from this Administration. No withdrawal should be permitted where the age set forth in such certificate discloses that the age certified 18 less than that represented on the label.
(b) Certificates of age and origin are required by regulations of the F. A. C. A. only in the case of spirits designated Irish whiskey, Scotch whiskey, Canadian whiskey, blended Irish whiskey, blended Scotch whiskey, or blended Canadian whiskey. Certificates of age or origin are not required at the present time for spirits shipped from Great Britain, Canada, or the Irish Free State, and designated "American Type Straight Whiskey" (or American Type Straight Rye Whiskey, American Type Straight Bourbon Whiskey, etc.) or “ Straight Whiskey Produced in Canada" (or Straight Rye Whiskey, Straight Bourbon Whiskey, etc., Produced in Canada). (or Great Britain or Irish Free State). Similarly, no certificates are required for spirits designated “American Type Blended Whiskey etc. (or Blended Whiskey (or Blended Rye or Bourbon) produced in Canada): Beginning June 1, 1935, however, the F. A. Č. A. is requiring that all importations from Great Britain, Canada, or the Irish Free State of American Type Whiskeys” (i. e., straight whiskeys or blended whiskeys produced in foreign countries) consulated on and after that date, be accompanied at the time of importation by a certificate issued by a duly, authorized official of the appropriate foreign government stating that the distilled spirits are whiskey of such type, and, in addition, an appropriate certificate that the age of the distilled spirits is not less than that represented on the label. Certificates of age and origin are not required by the F. A. C. A. for rum, gin, brandy, alcohol, or other distilled spirits than those specified above, except certificate of origin as provided in the next paragraph is required for Cognac.
2. Cognac. -No certificate of age is required in case of Cognac. Bottled Cognac, whether blended or unblended, if consulated for importation on or after September 15, 1934, for which no certificate of origin (Acquit Regional Jaune d'Or) can be presented should not be permitted withdrawal. Shipments of bottled Cognac arriving without the required certificate of origin shall be handled according to the procedure and requirements outlined in 1(a) of part III. Brandy produced elsewhere than the Cognac Region of France is not properly entitled under F. A. C. A. Labeling Regulations to be desig, nated as Cognac." No certificates of origin (Acquit Regional Jaune d'Or) are required for brandy produced elsewhere than in the Cognac Region of France and not labeled as “ Cognac."
3. Appropriate Certificates of Age and Origin.--For the convenience of collectors and other customs officers, there are appended photostatic copies 8 of appropriate certificates of age and origin for Irish, Scotch, and Canadian whiskey, whether blended or blended, certificates of origin for Cognac and a certificate of age and origin for an "American Type Straight Whiskey " produced in Canada, which will be acceptable to the F. A. C. A. It is believed that comparison of certificates presented by importers with the photostatic copies will aid customs officers in determining whether certificates presented are appropriate and acceptable. If the certificate presented at the time of entry or at the time of withdrawal from bond is not one of those appended, and the customs officers are in doubt as to the appropriateness of the certificate presented, the importer should be directed to forward the same to this Administration for an opinion as to the sufficiency thereof, and appropriate instructions will be issued to the customs officer.
4. Release Under Bond Not Permissible.-Scotch, Irish, and Canadian whiskey, and Cognac, whether blended or unblended, for which no certificates are presented either at the time of entry or at the time of request for withdrawal should not be released under redelivery bond pending production of the required certificates. Neither should any other bond for the production of these missing documents be accepted.
8. Food and Drug Administration Requirements:-The requirements of this part of the instructions are not in substitution for any similar or other requirement of the Food and Drug Administration. (See T. D. 36706 and Bureau of Customs Circular Letters Nos. 1336, 1340, and 1343.)
PART IV-STANDARD BOTTLE SIZES FOR IMPORTED DISTILLED SPIRITS (a) All distilled spirits, except cordials, liqueurs, cocktails, bitters, and gin fizzes (consulated for importation on and after Mar. 1, 1935), required under Treasury Bottling Regulations (Regulations 18, as amended by Treasury Decisions 4484, 4498, 4499, 4509, and 4517)* to be imported in " liquor bottles" with the indicia prescribed by those regulations blown therein, shall, if imported in containers having a capacity of one gallon or less, not be withdrawn for consumption, unless the liquor bottles are of standard sizes.
* Not included in this compilation. • See appendix E, herein, at p. 43.
The Treasury Bottling Regulations apply only to distilled spirits in containers of one-half pint capacity or more. Miniatures are not liquor bottles " under the Treasury Bottling Regulations, and require no indicia or blown-in material. Distilled spirits, other than cordials, liqueurs, cocktails, bitters, and gin fizzes, however, whose containers are of less than one-half pint capacity must, under F. A. C. A. Bottle Regulations, if consulated for importation on and after March 1, 1935, be in one of the standard sizes for miniatures hereinafter specified.
(6) No distilled spirits consulated for importation prior to March 1, 1935, are affected by the Treasury Bottling Regulations, or the requirements of the F. A. C. A. as to certain standard sizes, and these distilled spirits may continue indefinitely to be withdrawn for consumption, insofar as the size of the bottle is concerned. (c) The standard sizes are as follows:
PART V--IMPORTATION OF DISTILLED SPIRITS IN BULK (a) This part of these instructions applies to whiskey, rum, brandy, gin, cordials, and liqueurs and other distilled spirits imported in bulk' (i. e., in containers having a capacity in excess of one gallon).
(6) Distilled spirits consulated for importation on or after January 1, 1935, and imported in bulk may be withdrawn from customs custody only if entered for exportation or if imported to all bona fide, uncancellable orders received, prior to the date of consulation of the distilled spirits for importation, from one of the following:
1. A holder of a permit in full force and effect issued under the Code of Fair Competition for the Distilled Spirits Rectifying Industry, the distilled spirits to be used by the permittee solely for rectification. Bottling or reduction in proof shall not constitute rectification for the purposes of this paragraph.
2. A dispensary or other agency operated or maintained by any State or political subdivision thereof.
3. A person ordering the distilled spirits for use for industrial purposes only. (For definition of “
industrial purposes see F. A. C. A. General Regulations, Series 4). (c) If claimed to be imported to fill such a bona fide, uncancellable order, the customs officer should require the presentation of the order upon the entry of the distilled spirits. In case the customs officer has doubt as to whether the order fulfills the foregoing requirements. he should direct the importer to forward the documents to the Label Section, Federal Alcohol Control Administration, Washington, D. C., with a request for instructions to be sent the customs officer.
PART VI.-TRANSFEREES OF DISTILLED SPIRITS HELD IN BOND In the event the importer who entered the distilled spirits cannot be procured to make application to the Administration for their withdrawal from customs bonded warehouse, application for such release may be made by the transferee thereof. Any F. A. C. A. forms required in connection with the withdrawal of distilled spirits from customs custody, or any affidavit or undertaking thereon, will be acceptable to the Federal Alcohol Control Administration when deposited with the appropriate customs officer by a transferee of bottled distilled spirits in bond, provided the forms have been altered only to the extent applicable to such transferee.
PART VII.-MISCELLANEOUS (a) Exemptions.-Exemptions from any of the foregoing requirements shall be granted only upon express authorization of the Federal Alcohol Control Administration.
(0) Supply of Form 15.—Copies of the importer's affidavit for Release of Distilled Spirits (F. A. C. A. legal form no. 45) referred to in part I of these instructions will be supplied the various collectors of customs for distribution to importers upon request at the customs office.
(c) Samples.-In general, bottles of distilled spirits for bona fide sample purposes will not require any form of release. The application for exemption from the requirements for obtaining a release as to samples may be made either to the F. A. C. A. or collectors of customs. If to the latter, the collector should be satisfied that the spirits are for sample purposes only, and not for resale.
In the event application for exemption is addressed to the F. A. C. A., customs officers will be authorized by the F. A. C. A., through the Commissioner of Customs, to permit the release of samples covered by the customs entry number of the particular importation, if the facts warrant such exemption.
(d) Powers of Attorney and Affidavits. --The importer's affidavit for Release of Dis. tilled Spirits (F. A. C. A. legal form no. 45), as well as other F. A. C. A. forms required in connection with the withdrawal of distilled spirits from customs custody, may be executed by anyone holding a power of attorney for the transaction of customs business of the principal. Powers of attorney for individuals and for corporations in any form acceptable to the Bureau of Customs will be acceptable to this Administration. Affidavits sworn to before any officer authorized by the Tariff Act of 1930 to administer oaths will also be acceptable to this Administration.
(e) Physical Inspection of Labeled Goods.-A number of collectors are requiring the label on the release or photostatic copy thereof to be compared by the appraiser with the label upon the samples sent to him for appraisement. This practice, of course, is nf material assistance and lessens the dependency the F. A. C. A. must place upop the affidavit of the importer that the label upon the release or photostatic copy thereof is identical with that contained upon the distilled spirits to be entered or withdrawn. Such practice may or may not be resorted to by collectors at the several ports in their discretion, depending upon the situations and amount of business transacted at the different ports. If resorted to, and the physical comparison by the appraiser of the labels upon the samples discloses that the labels are not identical with those contained upon the release which has been issued by the F. A. C. A., the facts in the case should immediately be reported to this Administration, in order that appropriate action can be taken in the premises.
(f) Ship’s Stores and Bottled. Distilled Spirits for Personal Consumption.—Bottled distilled spirits intended for ship's supplies may be withdrawn from bond without the presentation of any form of F. A. C. A. release, provided the collector of customs is satisfied that all the conditions imposed by the Tariff Act of 1930 and the regulations of the Bureau of Customs respecting duty and tax-free withdrawals for this purpose are observed and that the vessel to be supplied is within the category of vessels entitled to such privilege. Bottled distilled spirits comprising part of the baggage of residents of the United States returning from abroad, and entered duty free, will not require any form of release, provided the value thereof does not exceed the exemption authorized by law, and provided further the collector is satisfied that such merchandise is imported för personal use and not for resale or commercial purposes.
INSTRUCTIONS ISSUED BY ALCOHOL TAX UNIT FOR ENFORCEMENT OF F. A. C. A.
LABEL APPROVAL REGULATIONS FOR DISTILLED SPIRITS 1
Following are the instructions issued by the Alcohol Tax Unit, Bureau of Internal Revenue, Treasury Department, under date of May.2, 1935, for the enforcement of the regulations of the Federal Alcohol Control Administration requiring label approvals for products of the distilled spirits industry: AT: 312 DISTRICT SUPERVISORS,
Alcohol Tax Unit. Your attention is called to Misbranding Regulations, Series 13, issued on March 25, 1935, by the Federal Alcohol Control Administration, providing that on and after June 1, 1935, domestically bottled distilled spirits shall not be shipped or removed from the plant where bottled or sold or otherwise introduced into conimerce unless the member of the industry bottling such distilled spirits holds in his possession, in full force and effect, an original or duplicate original certificate of label approval,' General Approval of Labels of Domestically Bottled Distilled Spirits (F. A. C. A. Legal Form No. 61), or Limited Approval (F. A. C. A. Legal Form No. 63), issued by the Federal Alcohol Control Administration. An approval on Form 61 indicates that the labels attached to the reverse side are in complete conformity with the requirements of the revised Labeling Regulations of the Administration and may be used without limit as to time. An approval on Form 63 indicates that the labels attached to the revierse side, while not in complete conformity with the requirements of the revised Labeling Regulations of the Federal Alcohol Control Administration, are in substantial conformity therewith and may continue to be used for the period specified in the certificate of approval. Form 63 will be issued only in a few exceptional cases.
All bottlers of domestic distilled spirits holding certificates of label approval are required to exbibit such certificates upon demand to a duly authorized representative of the United States Government or to any du authorized officer of a ate or political subdivision thereof.
The revised labeling regulations of the Federal Alcohol Control Administration except from the requirements thereof distilled spirits bottled in bond before April 9, 1934, under the Bottling in Bond Act, and correctly labeled under that Act. The Misbranding Regulations, Series 13, therefore, will not affect distilled spirits bottled in bond and labeled in conformity with that Act, and no form of General or Limited Approval need be obtained for such spirits bottled prior to April 9, 1934, but remaining in stock on the effective date of Misbranding Regulations, Series 13.
You will please issue the following instructions to storekeeper-gaugers assigned to rectifying plants and officers who make inspections of other establishments bottling distilled spirits :
1. That in the regular course of their inspection duties they examine the labels affixed to bottles of distilled spirits in process of bottling and call upon the bottler to exhibit the required General or Limited Approval on Form 61 or Form 63.
2. That any bottler affixing labels to bottled distilled spirits, other than labels covered by approved Form 61 or 63 in his possession, be advised to discontinue immediately, the use of such labels, pending the procurement from the Federal Alcohol Control Administration of the required approval.
3. That where bottlers are found to be using labels other than those covered by the required Approval Form 61 or 63, or afixing labels conforming to those on the Approval Form to spirits which are not of the class and type or the age as represented on such approved labels, a report of the facts be made to the District Supervisor, accompanied by copies of the labels in question. The reports and labels will be sent to this office by the District Supervisor.
1 See Article V at p. 25 herein.
4. Original label approval Form 61. or Form 63, or duplicate originals, issued by the Federal Alcohol Control Administration, must in all cases be exhibited to the officer. Photostatic copies will not be considered sufficient for this purpose.
The inspection of labels by officers of this Bureau will be incidental to their other duties. Officers should not be assigned to plants for this special duty of inspection of labels.
ARTHUR J. MELLOTT,
Deputy Commissioner. O