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Industry Circular

Number: 94-2
Date: August 19, 1994

Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, DC 20226

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                     COUNTRY OF ORIGIN CERTIFICATION REQUIREMENTS
                        FOR IMPORTED WINES AND DISTILLED SPIRITS

 

Proprietors of Distilled Spirits Plants, Bonded Wineries, Importers and Other Concerned Parties:

PURPOSE:  The purpose of this circular is twofold: (1) to provide U.S.importers with an updated and comprehensive listing of country certification requirements and (2) to remind importers of the Bureau's position relative to the acceptance of only original certificates.

BACKGROUND:  On January 6, 1989, the Bureau of Alcohol, Tobacco and Firearms (ATF) issued Industry Circular No. 89-1 to advise U.S. importers of the Bureau's updated Country of Origin certification requirements for imported wines and distilled spirits.  Since the issuance of this circular, the government of France has changed its requirements, and the governments of the Russian Federation and other former republics of the Soviet Union have cancelled requirements for certificates of origin.  These amendments have been incorporated into the attached revised listing.

ATF has also received several inquiries from importers regarding the use of photocopied certificates. It has been ATF's long-standing policy to accept only original certificates for wines and distilled spirits bottled in the country of manufacture and exported to the United States.  Industry Circular 87-5 had allowed, for a brief period of time, the acceptance of photocopies in situations in which the product was imported from a country other than the country of origin.  However, ATF announced in Industry Circular 89-1 that this policy was being rescinded, and that ATF would only accept the
original certificates issued by the country of origin.  ATF would like to remind importers that if a certificate of origin is required, a photocopy will not be acceptable.

REQUIREMENTS:  Certificate of origin requirements for imported wines and distilled spirits appear in 27 CFR 4.45, 5.52 and 5.56.

It should be noted that the final decision, whether or not to permit entry of imported alcoholic beverages which require certification by the country of manufacture, rests with the Customs Officials at the port of entry.  However, it is the Bureau's position that the intent of the regulations can be met only if a specific certificate can he tied to a specific lot(s) of product.

ACTION:  ATF has officially notified the United States Customs Service of the change in certification requirements from the Governments of France, the Russian Federation, and the former republics of the Soviet Union.  ATF has also informed Customs that all imported wines and distilled spirits covered by a compulsory certificate of origin are not to be released from Customs Custody unless the invoice is accompanied by the original and appropriate certificate.

INQUIRIES:  Inquiries concerning this circular should refer to its number and be addressed to Chief, Alcohol Import-Export Branch, Bureau of Alcohol, Tobacco and Firearms.

 

             
                                        John Magaw

Director

                  COUNTRY OF ORIGIN CERTIFICATION REQUIREMENTS
                      FOR IMPORTED WINES AND DISTILLED SPIRITS

 

   BULGARIA

   The Bulgarian Chamber of Commerce and Industry is authorized to issue country of origin certificates for all Bulgarian wines and/or distilled spirits exported to the United States.  This document is entitled "Certificate of Origin" and is stamped with the official seal of the Bulgarian Chamber of Commerce.

   CANADA

   Canadian distillers are authorized to issue age and origin certificates for Canadian Whiskey, Canadian Rye Whiskey, rum, brandy and Highland Whiskey exports to the United States.  These certificates are signed by Canadian Excise Officers who are in charge of the various licensed distilleries.  This document is entitled "Certificate of Age and Origin."

   CHILE

   The Chilean Ministry of Agriculture issues country of origin certificates for all Chilean wines, champagnes and brandy (Pisco) exports to the United States.  This document is entitled "Certificate of Origin," Form A and is issued by "Servicio Agricola y Ganadero" an agency of the Ministry of Agriculture.  This certificate bears the official seal of this ministry.

   FRANCE

   The government of France has authorized the use of two types of forms to certify the origin of French wines.  Wines could be accompanied by either these forms: 1) Documents d'Accompagnement Commercial(DAC); and 2) Document of Accompaniment(DCA 1 & DCA 2).  Whichever form is used must be stamped by French Customs.

   FEDERAL REPUBLIC OF GERMANY

   The Federal Republic of Germany has authorized its Chambers of Industry and Commerce to issue country of origin certificates for all German wines and distilled spirits.*  The only exceptions are "May" wines and "Sekt" (Sparkling) wines which are not considered wines under German Law and therefore not covered under a compulsory certification procedure.  The certificate of origin for German wines is entitled "Certificate of Origin for German Wine to the USA."

   *For distilled spirits a form entitled "Certificate of Origin and Age" is required.

   REPUBLIC OF IRELAND

   The Republic of Ireland issues a certificate of age and origin for all Irish Whiskey exports to the United States.  This certificate is entitled "Certificate of Origin, Age and Conformity with the Immature Spirits Acts for Spirits Exported To," (Form C and E 96 (a)) and is prepared by a Customs and Excise Officer.
  

   JAMAICA

   An "Excise Certificate" is issued for exports of Jamaican rum to the U.S. when the bottle label contains a statement of age.  This certificate is issued by the Jamaican Collector General and attests to the age and origin of the rum contained in the bottle.

   MEXICO

   The "Certificado de Exportacion" is the official certificate issued by the Mexican Government which attests to the authenticity of the Tequila exported to the United States.  In compliance with 27 CFR 5.52 (c), this certificate must accompany all tequila exports to the United States.  These certificates are issued by the "Direccion General de Normas" of the Secretaria de Comercio y Fomento Industrial.  The following Mexican Government officials are authorized to sign the attached "Certificado de Exportacion."

The Directora General de Normas

The Delegado Secofi, Guadalajara

   Please Note - For all bulk shipments of tequila, the U.S. bottler must maintain a copy of the "Certificado de Exportacion" at his bottling premises.

   PORTUGAL

   The government of Portugal has authorized the following regional authorities to issue certificates of  origin for specific Portuguese wines and brandies exported to the U.S.:

   Instituto Do Vinho Do Porto for all port wines

   Instituto Do Vinho da Madeira for Madeira wines

   The Instituto de Viticultura da Regiao dos Vinhos
   Verdes for Vinho Verde wines and brandies

   Federacao dos Vinicultores do Dao for all Dao wines and brandies

   Adega Regional de Colares for Colares wines

   Instituto da Vinha e do Vinho (National Wine Boards) for wines with denomination of origin Moscatel de Setubal or, merely Setubal, Carcavelos, Algarve, Bairrada and Bucelas; rose wines from Beiras, Ribatejo-Oeste and Tras-os-Montes; wines and brandies from any other growing regions.

   ROMANIA

   Officials of the Romanian Chamber of Commerce and Industry issue certificates of origin for the wines listed below.  This certificate is entitled "Certificate of Origin."

   Cabernet Sauvignon
   Pinot Noir

   Tarnave Castle Riesling
   Valea Dry Riesling
   Merlot
   Cotnari
   sparkling wines-methode champenoise

   SPAIN

   A Certificado De Denominacion De Origin (Certificate of Origin) is required for all Spanish Jerez/Xeres/Sherry wines exported to the United States.  The Consejo Regulador de Denominacion de Origen, Jerez De La Frontera is authorized by the Spanish Ministry of Agriculture to issue Certificates of origin for sherry wines.

   Certificates of age and origin are required for all Spanish brandies exported to the United States. These certificates are issued by various local laboratories sanctioned by the "Ministerio de  Agricultura, Pisco y Alimentacion" in Madrid.  This certificate has no title or form number associated with it.

   UNITED KINGDOM

   Certificates of age and origin are issued by a British Officer of Customs and Excise for all Scotch Whisky and Irish Whiskey exports to the United States.  This document is entitled "Certificate for  Scotch Whisky/Irish Whiskey Exported to the United States of America," Form C&E 94.  These  certificates are signed by an officer of H.M. Customs and Excise.

   THE RUSSIAN FEDERATION AND THE FORMER REPUBLICS OF THE U.S.S.R

   The Russian Federation and the former republics of the U.S.S.R. no longer require certificates of  origin and identity for alcoholic beverages to enter the United States.

 
 
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