Page:United States Statutes at Large Volume 91.djvu/1397

 PUBLIC LAW 9 5 - 1 7 6 _ N O V. 14, 1977

91 STAT. 1363

Public Law 95-176 95th Congress An Act To amend certain provisions of the Internal Revenue Code of 1954 relating to distilled spirits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5062 (b) of the Internal Revenue Code of 195i is amended to read as follows: " (b) DRAWBACK.—On the exportation of distilled spirits or wines manufactured, produced, bottled, or packaged in casks or other bulk containers in the United States on which an internal revenue tax has been paid or determined, and which are contained in any cask or other bulk container, or in bottles packed in cases or other containers, there shall be allowed, under regulations prescribed by the Secretary, a drawback equal in amount to the tax found to have been paid or determined on such distilled spirits or wines. I n the case of distilled spirits, the preceding sentence shall not apply unless the claim for drawback is filed by the bottler or packager of the spirits and unless such spirits have been stamped or restamped, and marked, especially for export, under regulations prescribed by the Secretary. The Secretary is authorized to prescribe regulations governing the determination and payment or crediting of drawback of internal revenue tax on spirits and wines eligible for drawback under this subsection, including the requirements of such notices, bonds, bills of lading, and other evidence indicating payment or determination of tax and exportation as shall be deemed necessary." SEC. 2. (a) Section 5215 of the I n t e r n a l Revenue Code of 1954 is amended to read as follows: "SEC. 5215. RETURN OF TAX DETERMINED DISTILLED SPIRITS TO BONDED PREMISES. " (a) GENERAL.—On such application and under such regulations as the Secretary may prescribe, distilled spirits withdrawn from bonded premises on payment or determination of tax (other than products to which any alcoholic ingredients other than such distilled spirits have been added) may be returned to the bonded premises of a distilled spirits plant. Snch returned distilled spirits shall be destroyed, denatured, or redistilled, or shall be mingled as authorized in section 5234(a)(1) (other than subparagraph (C) thereof). "(b)

Taxes. Distilled spirits or wines. 26 USC 5062.

Claim, filing

Regulations.

26 USC 5215

Application.

26 USC 5234.

DISTILLED SPIRITS RETURNED TO BONDED PREMISES FOR STOR-

AGE P:ENDING EXPORTATION.—On such application and under such conditions as the Secretary may by regulations prescribe, distilled spirits which would be eligible for allowance of drawback under section 5062(b) on exportation, may be returned by the bottler or packager of such distilled spirits to an export storage facility on the bonded premises of the distilled spirits plant where bottled or packaged, solely for the purpose of storage pending withdrawal without payment of tax under section 5214(a)(4), (7), (8), or (9), or free of tax under section 7510. "(c)

Nov. 14, 1977 [H.R. 4458]

Application. Supra.

Post, p. 1365. 26 USC 7510.

DISTILLED SPIRITS STAMPED AND LABELED AS BOTTLED I N

BOND.—On such application and under such regulations as the Sec- Application, retary may prescribe, a proprietor of bonded premises who has bottled

�