Refund
Under such regulations as the Secretary may prescribe, the amount of any internal revenue tax erroneously or illegally collected in respect to exported articles may be refunded to the exporter of the article, instead of to the manufacturer, if the manufacturer waives any claim for the amount so to be refunded.
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. In 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 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.
Exportation of imported liquors
Allowance of tax
Upon the exportation of imported distilled spirits, wines, and beer upon which the duties and internal revenue taxes have been paid or determined incident to their importation into the United States, and which have been found after entry to be unmerchantable or not to conform to sample or specifications, and which have been returned to customs custody, the Secretary shall, under such regulations as he shall prescribe, refund, remit, abate, or credit, without interest, to the importer thereof, the full amount of the internal revenue taxes paid or determined with respect to such distilled spirits, wines, or beer.
Destruction in lieu of exportation
At the option of the importer, such imported distilled spirits, wines, and beer, after return to customs custody, may be destroyed under customs supervision and the importer thereof granted relief in the same manner and to the same extent as provided in this subsection upon exportation.
Pub. L. 85–859, title II, § 20172 Stat. 1336Pub. L. 88–539, § 178 Stat. 746Pub. L. 89–44, title VIII, § 805(f)(6)79 Stat. 161Pub. L. 90–630, § 2(a)82 Stat. 1328Pub. L. 94–455, title XIX, § 1906(b)(13)(A)90 Stat. 1834Pub. L. 95–176, § 191 Stat. 1363Pub. L. 98–369, div. A, title IV, § 454(c)(1)98 Stat. 820(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act Aug. 16, 1954, ch. 73668A Stat. 614Pub. L. 85–859A prior section 5062, , , consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by .
Amendments
Pub. L. 98–3691984—Subsec. (b). substituted “have been marked” for “have been stamped or restamped, and marked”.
Pub. L. 95–1761977—Subsec. (b). substituted in first sentence “manufactured, produced, bottled, or packaged in casks or other bulk containers” and “other bulk container” for “manufactured or produced” and “package” and in last sentence “spirits and wines eligible for drawback under this subsection, including the requirements” for “domestic distilled spirits and wines, including the requirement”.
Pub. L. 94–4551976—Subsecs. (a), (b), (c)(1). struck out “or his delegate” after “Secretary” wherever appearing.
Pub. L. 90–6301968—Subsec. (b). permitted, under Treasury regulations, drawback of the tax where the stamping, restamping, or marking is done after the spirits have been removed from the original bottling plant.
Pub. L. 89–441965—Subsec. (c)(1). struck out “within six months of their release therefrom” after “customs custody”.
Pub. L. 88–5391964—Subsec. (c). added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–369section 456(b) of Pub. L. 98–369section 5101 of this titleAmendment by effective , see , set out as an Effective Date note under .
Effective Date of 1977 Amendment
Pub. L. 95–176section 7 of Pub. L. 95–176section 5003 of this titleAmendment by effective on first day of first calendar month beginning more than 90 days after , see , set out as a note under .
Effective Date of 1968 Amendment
Pub. L. 90–630section 4 of Pub. L. 90–630section 5008 of this titleAmendment by applicable only to articles exported on or after first day of first calendar month which begins more than 90 days after , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–44section 805(g)(1) of Pub. L. 89–44section 5008 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1964 Amendment
Pub. L. 88–539, § 278 Stat. 746