7. Importation Requirements

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7. Importation Requirements

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Whisky
USA

This section provides information on the importation process (shipment, customs, licenses required, and test requirements).

27 CFR PART 27 [1] contains procedural and substantive requirements relative to the importation of distilled spirits, wines, and beer into the United States from foreign countries including commodity taxes, permits, marking, branding, closing and labeling of containers and packages, and records and reports.

7.1 Shipment Declaration

General Food

N/A

Category

Alcoholic drinks

The shipper must provide the information required in 27 CFR 27.48 [2] as shown below:

Product

Whisky

Same as "Category" (alcoholic drinks) above.

7.2 Customs Procedure

General Food

N/A

Category

Alcoholic drinks

Importation of alcoholic beverages is subject to inspection and hold by Customs and Border Protection [3].

The manufacturer notifies the importer of the shipment with all the details to identify the product, such as the COLA number, quantity, departure and expected arrival dates, and the port of entry as noted in Section 7.1 above.

Product

Whisky

"Whisky" should follow the Customs Procedure described under "Category" (alcoholic drinks) above. Additionally, the following applies: the importer must file a transfer record with customs following 27 CFR 27.138 (a) in order to have the shipment released [4].

Customs and Border Protection will inspect the paperwork and, if everything is correct, release the shipment to be delivered to a bonded warehouse controlled by the importer. In case of incomplete/incorrect paperwork, the Customs holds the goods until the document is corrected.

Depending upon the importer, there may be a separate import broker involved in managing the interaction with customs and the importer.

7.3 Manufacturing License

General Food

Facility registration is required (please refer to Section 6.4 - Manufacturing Site Registration - of this guidebook).

Category

Alcoholic drinks

Same as "General Food" above.

Product

Whisky

Same as "Category" (alcoholic drinks) above.

7.4 Test for Importation

General Food

N/A

Category

Alcoholic drinks

N/A

Product

Whisky

The producer is required to have data that supports compliance with the definition of the product type. It is possible that Customs will open a package to confirm the label complies with the COLA. In addition, on occasion, TTB will take a sample from a shipment for analysis to determine compliance with all applicable regulations.

The manufacturer should therefore have the bill of materials which includes all the raw materials used to produce the beverage including any added flavors or colors, records of the age of the product, and the wooden casks if required by the regulations for the specific product and a lab report confirming the alcohol content.

In addition, imported whiskies other than Scotch, Irish, and Canadian whiskies must be accompanied by a Certificate of age and origin for imported spirits [5]:

7.5 Other Notes or Requirements for Importation

General Food

Food and beverage importation is typically managed by import brokers who have offices at the major ports.

Category

Alcoholic drinks

Given the complexity of the process, the importation of alcoholic beverages is typically managed by importers/brokers (see Section 6.4.2 of this guidebook).

A “Filing Guide for TTB Regulated Commodities” intended to provide instructions to importers, brokers, and other interested parties is available on the US Customs and Border Protection website [6].

For reference, the information on the trade association of beverage importers is available at: https://www.bevimporters.org.

Product

Whisky

Same as "Category" (alcoholic drinks) above.