CSMS Message: 00-000620

TO: ALL ABI BROKERS.

FROM: CARLA ZZ-DONOFRIO

SUBJECT: ALCOHOLIC BEVERAGE SAMPLES

DATE: 06/12/2000

FO:TP:TEC:OGA CD

TO : ALL DIRECTORS, FIELD OPERATIONS
ALL PORT DIRECTORS
ALL ASSISTANT PORT DIRECTORS

FROM : DIRECTOR, TRADE PROGRAMS

SUBJECT : IMPORTATION OF ALCOHOLIC BEVERAGE SAMPLES FOR
DISPLAY AND TESTING

BACKGROUND:

THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (BATF) INFORMED THE
U.S. CUSTOMS SERVICE OF RECENT AMENDMENTS TO THE POLICY
REGARDING THE ADMISSION OF FOREIGN ALCOHOLIC BEVERAGES FOR
DISPLAY AND TESTING PURPOSES.

* PRODUCTS IMPORTED FOR DISPLAY AND-OR TASTE TESTING AT TRADE
FAIRS ARE EXEMPT FROM LABEL APPROVAL PROVIDED THE FOLLOWING
REQUIREMENTS ARE MET:

(1) ALL APPLICABLE TAXES AND DUTIES MUST BE PAID
UPON IMPORTATION.

(2) EACH CONTAINER MUST BEAR A LABEL STATING, "FOR
TRADE PURPOSES ONLY NOT FOR SALE," OR SIMILAR
PHRASE, DISPLAYED IN A CONSPICUOUS MANNER.

(3) EACH CONTAINER MUST ALSO BEAR A LABEL
CONTAINING THE FOLLOWING U.S. HEALTH WARNING
STATEMENT AS SPECIFIED UNDER 27 C.F.R. PART 16.21:
GOVERNMENT WARNING: (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."

* ATF WILL PERMIT THE IMPORTATION OF FOREIGN ALCOHOLIC BEVERAGE
PRODUCTS FOR THE PURPOSE OF ORGANOLEPTIC TESTING. THESE
IMPORTATIONS ARE PERMITTED PROVIDING THE FOLLOWING
REQUIREMENTS ARE MET:

(1) THE IMPORTER MUST POSSESS AN ATF ISSUED
IMPORTER'S BASIC PERMIT. THE IMPORTER MAY OR MAY
NOT HAVE A COPY OF THE PERMIT. HOWEVER, THE
IMPORTER MUST PROVIDE THE PERMIT NUMBER TO
CUSTOMS, UPON REQUEST. FAILURE TO DO SO MUST
RESULT IN DENIAL OF ENTRY.

(2) ALL APPLICABLE DUTIES AND TAXES MUST BE PAID
UPON IMPORTATION.

(3) EACH CONTAINER MUST ALSO BEAR A LABEL
CONTAINING THE U.S. HEALTH WARNING STATEMENT (SEE
ABOVE) AND A STATEMENT, "CONTAINS SULFITES", IF
APPLICABLE.

(4) EACH PRODUCT MAY NOT EXCEED 1.75 LITER.

* SAMPLES IMPORTED FOR USE BY AN IMPORTER FOR SOLICITING ORDERS
MUST COMPLY WITH 27 CFR 251.49 WHICH STATES THE FOLLOWING:

"SAMPLES OF DISTILLED SPIRITS, BEER, AND WINE, TO BE USED
IN THE U.S. BY PERSONS IMPORTING ALCOHOLIC BEVERAGES IN
COMMERCIAL QUANTITIES, ARE, SUBJECT TO THE LIMITATIONS IN
THIS SECTION, EXEMPT FROM THE PAYMENT OF ANY INTERNAL
REVENUE TAX IMPOSED ON, OR BY REASON, OF IMPORTATION.
THIS EXEMPTION APPLIES ONLY TO SAMPLES TO BE USED FOR
SOLICITING ORDERS FOR PRODUCTS OF FOREIGN COUNTRIES. IN
NO CASE SHALL THIS EXEMPTION APPLY TO MORE THAN ONE
SAMPLE OF EACH ALCOHOLIC BEVERAGE PRODUCT ADMITTED DURING
ANY CALENDAR QUARTER FOR THE USE OF EACH SUCH PERSON. NO
SAMPLE OF BEER SHALL CONTAIN MORE THAN 8 OUNCES, NO
SAMPLE OF WINE SHALL CONTAIN MORE THAN 4 OUNCES, AND NO
SAMPLE OF DISTILLED SPIRITS SHALL CONTAIN MORE THAN 2
OUNCES".

ALL TAXES AND DUTIES APPLY IF QUANTITIES, INTENDED FOR
SOLICITING ORDERS, ARE GREATER THAN THOSE PROVIDED IN THIS
SECTION. IN ADDITION, CONTAINERS MUST BE MARKED "IMPORTER'S
SAMPLE NOT FOR SALE," OR A SUBSTANTIALLY SIMILAR STATEMENT.
ALL SUCH SAMPLES MUST ALSO CONTAIN THE HEALTH WARNING STATEMENT
(SEE ABOVE).

INFORMATION:

TECHNICAL QUESTIONS REGARDING THIS MATTER SHOULD BE REFERRED TO
THOMAS BUSEY, ALCOHOL IMPORT-EXPORT BRANCH, BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS AT (202) 927-8095.

QUESTIONS REGARDING THE AUTHENTICITY OF THE IMPORTER'S BASIC
PERMIT SHOULD BE REFERRED TO MS. BARBARA JEFFRIES, CHIEF OF THE
IMPORTER'S BRANCH AT THE ATF-REVENUE CENTER IN CINCINNATI, OHIO
AT (513) 684-3337.

ALL OTHER QUESTIONS SHOULD BE DIRECTED TO CARLA D'ONOFRIO, OTHER
GOVERNMENT AGENCIES BRANCH, TRADE PROGRAMS AT (202) 927-0801.

-S-

ELIZABETH G. DURANT