Page:United States Statutes at Large Volume 91.djvu/1399

 PUBLIC LAW 95-176—NOV. 14, 1977

91 STAT. 1365

" (2) DISTILLED SPIRITS RETURNED TO BONDED PREMISES FOR STORAGE PENDING EXPORTATION.—Whenever any distilled spirits are Credit or refund. returned under section 5215(b) to the bonded premises of a dis- Ante, p. 1363.

tilled spirits plant, the Secretary shall (without interest) credit or refund the internal revenue tax found to have been paid or determined with respect to such distilled spirits. Such amount of Amount. tax shall be the same amount which would be allowed as a drawback under section 5062(b) on the exportation of such distilled Ante, p. 1363. spirits. "(3)

DISTILLED

SPIRITS

STAMPED AND LABELED AS BOTTLED

IN BOND.—Whenever any distilled spirits are returned under sec- Credit or refund. tion 5215(c) to the bonded premises of a distilled spirits plant, the Secretary shall (without interest) credit or refund the tax 26 USC 5001. imposed under section 5001(a)(1) on the spirits so returned. " (4) LIMITATION.—No allowance under paragraph (1), (2), or Claim, filing. (3) shall be made unless a claim is filed under such regulations as the Secretary may prescribe, by the proprietor of the distilled spirits plant to which the distilled spirits are returned within 6 months of the date of return." SEC. 3. (a) Section 5214(a)(9) of the Internal Revenue Code of 1954 is amended to read as follows: 26 USC 5214. " (9) without payment of tax, in the case of distilled spirits bottled in bond for export under section 5233 or distilled spirits 26 USC 5233. returned to bonded premises under section 5215(b), for transfer (for the purpose of storage pending exportation) to any customs bonded warehouse from which distilled spirits may be exported, and distilled spirits transferred to a customs bonded warehouse under this paragraph shall be entered, stored, and accounted for under such regulations and bonds as the Secretary may prescribe; or". (b) Section 5175(a) of such Code is amended to read as follows: Export bonds. " (a) REQUIREMENTS.—No distilled spirits shall be withdrawn from 26 USC 5175. bonded premises for exportation, or for transfer to a customs bonded warehouse for storage therein pending exportation, without payment of tax unless the exporter has furnished bond to cover such withdrawal under such regulations and conditions, and in such form and penal sum, as the Secretary may prescribe." (c) Section 5003 of such Code is amended by striking out "manu- 26 USC 5003. facturing" in paragraph (9) and inserting before the period a t the Supra. end of paragraph (9) "and section 5214(a)(9) ". (d) Section 5214(b) of such Code is amended by adding at the end thereof the following new paragraph: "(7) For provisions relating to distilled spirits for use of foreign embassies, legations, etc., see section 5066." SEC. 4. (a) Section 5214(a) of the Internal Revenue Code of 1954 Supra. is amended by adding a t the end thereof the following new paragraph: " (10) without payment of tax by a proprietor of bonded premises for use in research, development, or testing (other than consumer testing or other market analysis) of processes, systems, materials, or equipment, relating to distilled spirits or distillery operations, under such limitations and conditions as to quantities, use, and accountability as the Secretary may by regulations require for the protection of the revenue."

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