TTB Finalizes Changes to Import Procedures With Small Tweaks
The Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) will finalize regulatory changes meant "to clarify and streamline import procedures, and support the implementation of the International Trade Data System," it said in a notice (here). The new rule, effective Dec. 31, applies to regulations "governing the importation of distilled spirits, wine, beer and malt beverages, tobacco products, processed tobacco, and cigarette papers and tubes," it said. The agency's final rule includes some changes from its proposal earlier this year (see 1606200029).
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TTB revised the rule in response to industry concerns with proposed language that would require the person removing distilled spirits from customs custody to actually have a Certificate of Label Approval (COLA) (see 1608240016). The final rule now clarifies "that bottled wine, distilled spirits, or malt beverages may be released to an importer who is authorized by a COLA holder to import products covered by the COLA," it said. That agency said it is also "considering the enforcement efficacy of implementing an indicator in the TTB PGA Message Set through which importers would indicate that they are using a COLA held by another entity." If such an indicator is determined to be valuable it would be proposed separately, it said.
Responding to commenter requests that COLA waivers for trade shows or sample be accepted electronically and indicators of waiver authorization be streamlined, TTB said that's outside this rulemaking. But, "TTB is considering further streamlining of the COLA waiver process, which may be addressed in a future rulemaking," it said. The agency made some other "clarifying changes" to the proposed rules. TTB added a cross reference "to recordkeeping and retention regulations issued by CBP, as such CBP regulations may affect the same records. Additionally, for shipments "of industrial spirits or specially denatured spirits brought" to the U.S. from the U.S. Virgin Islands, "TTB is clarifying in this final rule that it is the importer filing the entry that must file the number associated with the consignee’s permit," it said.
(Federal Register 12/22/16)