TTB Proposes Regulatory Changes Meant To Ease Import Procedures, Support ITDS

While the agency previously revised its regulations to remove barriers to electronic filing with CBP (see 14032618), TTB now proposes these changes "to each of the TTB regulatory sections that address the submission of information or documentation at importation, in order to update TTB regulatory processes for imports and provide a specific electronic filing option for the submission of certain TTB information at importation using the Partner Government Agency (PGA) Message Set," it said. Filers will not be required to file TTB data electronically, it said. TTB also proposed removal of "most references to actions that CBP will take at entry and replace them with text that sets forth the requirements that apply to importers at entry."

The proposed changes cover a wide range of regulations, including requirements for Certificates of Label Approval. "TTB has determined that the electronic filing of the TTB-assigned identification number for the approved COLA through ACE or, when filing on paper, the provision of a copy of the approved COLA to CBP at the time of entry without the photograph is sufficient to regulate the importation of distinctive liquor bottles," it said. The agency also proposed changes to regulations for certificates of age, origin or identity issued by foreign governments for wine and spirits imported in bottles. Rather than require that the certificates be filed with CBP, "the purposes of the requirement can be met by requiring the importer to have the certificate in its possession, to be made available upon request," it said.

The agency plans to add new language on "Requirements for Approval of Labels of Wine Domestically Bottled or Packed, to provide that wine imported in bulk and bottled in the United States may not be removed from the premises where bottled unless the bottler possesses a certificate if a certificate is required under § 4.45 for like wine imported in containers," it said. The agency also proposed adding recordkeeping provisions to require "for the five years following importation, upon request by the appropriate TTB officer or a customs officer, the importer must provide a copy of any certificate of age, origin, or identity relied upon for removal of imported wine or distilled spirits, as applicable, from customs custody." The same would be required of U.S. bottlers "following the removal of bottled wine or distilled spirits from the bonded wine cellar or distilled spirits plant where bottled," TTB said. "TTB believes that five years is a reasonable period of time for record retention because there is a five-year statute of limitations for criminal violations."

TTB is interested to learn how the proposed changes "would be impacted by a CBP decision to eliminate hybrid filing," it said. CBP previously sought input on prohibiting filings that are a combination of electronic and paper filings (see 1510090017), though the future of that proposal is up in the air (see 1605260009). Other areas for potential regulatory changes involve imported natural wines, imported vintage wines, filing information for industrial alcohol shipments to the U.S. from the U.S. Virgin Islands and filing permitting information by government agencies importing distilled spirits tax-free, it said. Also proposed are revisions to TTB regulations on import data filing for tobacco products without payment of tax, and entry for warehousing of distilled spirits, wines, beer, tobacco products and cigarette papers and tubes.

(Federal Register 06/21/16)