§ 17.162. Receipt of distilled spirits.
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/us/cfr/t27/s§ 17.162·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Distilled spirits received in tank cars, tank trucks, barrels, or drums. For distilled spirits received in tank cars, tank trucks, barrels, or drums, the manufacturer shall record, with respect to each shipment received---
(1)The date of receipt;
(2)The name and address of the person from whom received;
(3)The serial number or other identification mark (if any) of each tank car, tank truck, barrel, or drum;
(4)The name of the producer or warehouseman who paid or determined the tax;
(5)The effective tax rate (if other than the rate prescribed by 26 U.S.C. 5001); and
(6)The kind, quantity, and proof (or alcohol percentage by volume) of the spirits.
(b)Distilled spirits received in bottles. For distilled spirits received in bottles, the manufacturer shall record---
(1)The date of receipt;
(2)The name and address of the seller;
(3)The serial number of each case, if the bottles are received in cases;
(4)The name of the bottler;
(5)The effective tax rate (if other than the rate prescribed by 26 U.S.C. 5001); and
(6)The kind, quantity, and proof (or alcohol percentage by volume) of the spirits.
(c)Distilled spirits received by pipeline. For distilled spirits received by pipeline, the manufacturer shall record---
(1)The date of receipt;
(2)The name of the producer or warehouseman who paid or determined the tax;
(3)The effective tax rate (if other than the rate prescribed by 26 U.S.C. 5001); and
(4)The kind, quantity, and proof (or alcohol percentage by volume) of the spirits.
(d)Determination of quantity. At the time of receipt, each manufacturer shall determine (preferably by weight) and record the exact number of proof gallons of distilled spirits received. The amount received in bottles may be determined by the required statements on the labels. The amount received in sealed drums with no evidence of leakage may be determined from the record of shipment, which is required by § 19.626 of this chapter to accompany spirits received from a distilled spirits plant. If spirits are received in a tank car or tank truck, and the result of the manufacturer's gauge of the spirits is within 0.2 percent of the number of proof gallons reported on the record of shipment required by § 19.626, then the number of proof gallons reported on that record may be recorded as the quantity received. Nevertheless, the receiving gauge shall be noted on the record of receipt. If, for any shipment, the amount recorded in the manufacturer's records as the quantity received is greater than the amount shown as taxpaid on the record required by § 19.626, a deduction equivalent to the excess shall be made from the amount of drawback claimed in the manufacturer's claim covering that period. If no claim is filed for that period, then the deduction shall be made in the manufacturer's next claim. Losses in transit that exceed the 0.2 percent limitation provided in this paragraph shall be determined and noted on the record of receipt. Such losses shall not be recorded as distilled spirits received.
(e)Receipt of imported rum, or spirits from Puerto Rico or the Virgin Islands. If spirits are received which contain at least 92% rum, and which originate from Puerto Rico or the U.S. Virgin Islands, the record of receipt shall indicate the place of origin. If rum is received, the record shall indicate whether it is from Puerto Rico, from the U.S. Virgin Islands, imported from other countries, or domestic.
(f)Shipments from distilled spirits plants. If spirits are received directly from the distilled spirits plant that paid or determined the tax, the manufacturer shall retain the record of shipment required by § 19.626 of this chapter. To the extent that the information on that record duplicates the requirements of this section, retention of that record shall satisfy those requirements. If there are differences between the information on the record of shipment and the information required to be recorded by this section, the requirements of this section may be met by appropriate annotations on the record of shipment. \[T.D. ATF-379, 61 FR 31412, June 20, 1996, as amended by T.D. TTB-92, 76 FR 9090, Feb. 16, 2011\]
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§ 17.162
Receipt of distilled spirits.
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