ALTERNATE METHOD FOR ISSUANCE OF STRIP STAMPS
Importers and others concerned:
Purpose. The purpose of this circular is to advise industry members
that an ATF Ruling will be published in an early issue of the ATF Bulletin
regarding a method for the issuance of strip stamps. The ruling will read
substantially as follows:
The Bureau of Alcohol, Tobacco and Firearms has been asked if red
strip stamps requisitioned by an importer may be shipped direct from the
Bureau of Engraving and Printing or the office of the regional director to
a printing company for overprinting and subsequent shipment to foreign
bottlers.
Under the provisions of 26 U.S.C. 5205(a)(3), the Secretary or his
delegate (i.e. the Director, Bureau of Alcohol, Tobacco and Firearms) shall
prescribe regulations with respect to the supplying or procuring of required
strip stamps, the time and manner of applying for, issuing, affixing, and
destroying such stamps, the form of the stamps and information to be shown
thereon, applications for the stamps, proof that applicants are entitled to
the stamps, the method for accounting for the stamps, and such other regulations as he may deem necessary for the enforcement of the foregoing provisions.
Regulations, 26 CFR 251.64, written under the above authority, provide
in part that a requisition on Form 428 for red strip stamps shall be made
by the importer, or by his agent pursuant to filing a Form 1534 Power of
Attorney, as provided in 26 CFR 251.64a, or, if the importer has discontinued business, by the subsequent purchaser of the distilled spirits as
provided in 26 CFR 251.111. The Form 428 shall be submitted to the regional
director of the region in which the place of business of the importer, or
of his agent, or of the subsequent purchaser, as the case may be, is located.
As required by 26 CFR 251.66, upon receipt of the stamps, the applicant
shall acknowledge receipt on both copies of Form 428 and return one copy to
the Regional Director who issued the stamps and, if an agent, one copy to
the importer.
In addition, 26 CFR 251.64a provides that an importer may give power
of attorney to another person to sign Form 428; such power of attorney
shall be executed on Form 1534 and filed with the regional director of the
region with whom the requisition will be filed.
Therefore, an overprinter of strip stamps may be appointed a limited
agent as such of an importer solely for purposes of receiving strip stamps
for overprinting, shipping the overprinted stamps to foreign bottlers as
requested by the importer, for acknowledging receipt of the stamps on
Form 428, and for forwarding such forms to the importer for making entries
into required records. However, the overprinter may not be authorized as
an agent to initially requisition strip stamps for the importer since the
overprinter would not be in the business of importing distilled spirits.
Importers desiring to give an overprinter limited agency authority as set
out herein may make application to do so with the appropriate regional
director. When the regional director determines that the interest of the
government will be best served, the stamps may be shipped to the overprinter directly from the Bureau of Engraving and Printing as provided
by 26 CFR 251.66a.
Inquiries concerning this circular should refer to its number and be
addressed to the
Assistant Director,
Regulatory Enforcement,
Bureau of
Alcohol, Tobacco and Firearms,
1200 Pennsylvania Avenue,
N. W.,
Washington,
D. C. 20226.
![Rex Davis](https://webarchive.library.unt.edu/web/20121017060343im_/http://www.ttb.gov/images/rex_davis.jpg)
Rex D. Davis
Director |