II. ALCOHOLIC BEVERAGES IMPORT REQUIREMENTS

Any person or firm wishing to engage in the business of importing distilled spirits, wines, or malt beverages into the United States must first obtain an importer’s basic permit from the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury, Washington, D.C. 20226, Tel. (202) 925-8110. That agency is responsible for administering the Federal Alcohol Administration Act.

Distilled spirits imported in bulk containers of a capacity of more than one gallon may be withdrawn from Customs custody only by persons to whom it is lawful to sell or otherwise dispose of distilled spirits in bulk. Bulk or bottled shipments of imported spirits or distilled or intoxicated liquors must at the time of importation be accompanied by a copy of a bill of lading or other documents, such as an invoice, showing the name of the consignee, the nature of its contents, and the quantity contained therein (18 U.S.C. 1263).

U.S. Customs will not release alcoholic beverages destined to any state for use in violation of its laws, and the importation of alcoholic beverages in the mails is prohibited.

The United States adopted the metric system with the enactment of the Metric Conversion Act of 1975. In general, imported wine must conform with the metric standards of fill if bottled or packed on or after January 1, 1979. Imported distilled spirits, with some exceptions, must conform with the metric standards of fill if bottled or packed on or after January 1, 1980. Distilled spirits and wines bottled or packed prior to the respective dates must be accompanied by a statement to that effect signed by a duly authorized official of the appropriate foreign country. This statement may be a separate document or be shown on the invoice. Malt beverages including beer are not subject to metric standards or fill.

MARKING

Imported wines in bottles and other containers are required to be packaged, marked, branded, and labeled in accordance with the regulations in 27 CFR Part 4. Imported malt beverages, including alcohol-free and nonalcoholic malt beverages, are also required to be labeled in conformance with the regulations in 27 CFR Part 7.

Each bottle, cask or other immediate container of imported distilled spirits, wines, or malt beverages must be marked for Customs purposes to indicate the country of origin of the alcoholic beverages contained therein, unless the shipment comes within one of the exceptions outlined by the Bureau of Alcohol, Tobacco and Firearms. Contact BATF for information on these exceptions.

CERTIFICATE OF LABEL APPROVAL

Labels affixed to bottles of imported distilled spirits and wine must be covered by certificates of label approval issued to the importer by the Bureau of Alcohol, Tobacco and Firearms. Certificates of label approval or photostatic copies must be filed with Customs before the goods may be released for sale in the United States. Certificate of label approval requirements must also be met for fermented malt beverages if simalar to the Federal requirements (27 CFR Parts 4, 5 and 7).

FOREIGN DOCUMENTATION

Importers of wines and distilled spirits should consult the Bureau of Alcohol, Tobacco and Firearms about foreign documentation required; for example, certificates of origin, age, etc.

ALCOHOLIC REQUIREMENTS OF OTHER AGENCIES

In addition, importation of alcoholic beverages is subject to the specific requirements of the Food and Drug Administration. Certain plant materials when used for bottle jackets for wine or other liquids are subject to special restrictions under plant quarantine regulations of the Animal and Plant Health Inspection Service (APHIS). All bottle jackets made of dried or unmanufactured plant materials are subject to inspection upon arrival and are referred to the Department of Agriculture.

Wines or distilled spirits from countries require original certificates of origin as a condition of entry: Bulgaria, Canada, Chile, France, Federal Republic of Germany, Republic of Ireland, Jamaica, Mexico, Portugal, Romania, Spain and United Kingdom.

Public Law 100-690, codified under 27 U.S.C. 213-219A, requires that a health warning appear on the labels of containers of alcohol beverages bottled on or after November 18, 1989. The Government warning states that: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery and may cause health problems.