Internal Revenue Code:Sec. 5175. Export bonds

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle E - Alcohol, Tobacco, and Certain Other Excise Taxes
       CHAPTER 51 - DISTILLED SPIRITS, WINES, AND BEER
        Subchapter B - Qualification Requirements for Distilled Spirits
              Plants
       

Statute

    Sec. 5175. Export bonds
 
    (a) Requirements
      No distilled spirits shall be withdrawn from bonded premises for
    exportation, or for transfer to a customs bonded warehouse, 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.
    (b) Exception where proprietor withdraws spirits for exportation
      In the case of distilled spirits withdrawn from bonded premises
    by the proprietor for exportation without payment of tax, the bond
    of such proprietor required to be furnished under paragraph (1) of
    section 5173(a) covering such premises shall cover such
    exportation, and subsection (a) shall not apply.
    (c) Cancellation or credit of export bonds
      The bonds given under subsection (a) shall be cancelled or
    credited and the bonds liable under subsection (b) credited if
    there is such proof of exportation as the Secretary may by
    regulations require.
 

Sources

    (Added Pub. L. 85-859, title II, Sec. 201, Sept. 2, 1958, 72 Stat.
    1352; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct.
    4, 1976, 90 Stat. 1834; Pub. L. 95-176, Sec. 3(b), Nov. 14, 1977,
    91 Stat. 1365; Pub. L. 96-39, title VIII, Sec. 807(a)(15), July 26,
    1979, 93 Stat. 282; Pub. L. 105-34, title XIV, Sec. 1412(a), Aug.
    5, 1997, 111 Stat. 1046.)
 

Miscellaneous

                              PRIOR PROVISIONS
      A prior section 5175, act Aug. 16, 1954, ch. 736, 68A Stat. 628,
    related to ''notice of business of distiller'', prior to the
    general revision of this chapter by Pub. L. 85-859. See sections
    5171(a), (c) and 5172 of this title.
      Provisions similar to those comprising this section were
    contained in a prior section 5247(a), act Aug. 16, 1954, ch. 736,
    68A Stat. 647, prior to the general revision of this chapter by
    Pub. L. 85-859.
                                 AMENDMENTS
      1997 - Subsec. (c). Pub. L. 105-34 substituted ''if there is such
    proof of exportation as the Secretary may by regulations require.''
    for ''on the submission of such evidence, records, and
    certification indicating exportation as the Secretary may by
    regulations prescribe.''
      1979 - Subsec. (a). Pub. L. 96-39, Sec. 807(a)(15)(A), struck out
    ''for storage therein pending exportation'' after ''customs bonded
    warehouse''.
      Subsec. (b). Pub. L. 96-39, Sec. 807(a)(15)(B), substituted
    ''from bonded premises by the proprietor for exportation without
    payment of tax, the bond of such proprietor required to be
    furnished under paragraph (1) of section 5173(a) covering such
    premises shall cover such exportation, and subsection (a) shall not
    apply'' for ''for exportation without payment of tax on application
    of the proprietor of bonded premises, the bond of such proprietor
    covering such bonded premises shall cover such exportation and
    subsection (a) shall not be applicable''.
      1977 - Subsec. (a). Pub. L. 95-176 required export bonds for
    withdrawals from bonded premises, without payment of tax, for
    transfer to a customs bonded warehouse for storage therein pending
    exportation.
      1976 - Pub. L. 94-455 struck out ''or his delegate'' after
    ''Secretary'' wherever appearing.
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Section 1412(b) of Pub. L. 105-34 provided that: ''The amendment
    made by subsection (a) (amending this section) shall take effect on
    the 1st day of the 1st calendar quarter that begins at least 180
    days after the date of the enactment of this Act (Aug. 5, 1997).''
                      EFFECTIVE DATE OF 1979 AMENDMENT
      Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section
    810 of Pub. L. 96-39, set out as a note under section 5001 of this
    title.
                      EFFECTIVE DATE OF 1977 AMENDMENT
      Amendment by Pub. L. 95-176 effective on first day of first
    calendar month beginning more than 90 days after Nov. 14, 1977, see
    section 7 of Pub. L. 95-176, set out as a note under section 5003
    of this title.
                CONTINUATION OF DISTILLER'S NOTICE AND BOND
      Section 210(f) of Pub. L. 85-859, as amended by Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ''Notwithstanding any provision of section 5175 or 5176(a) of the
    Internal Revenue Code of 1986 (formerly I.R.C. 1954), the Secretary
    of the Treasury or his delegate may waive, as to registered
    distillers or registered fruit distillers qualified to operate
    under bond on April 30, 1959, requirements for filing notice and
    executing new bond on May 1, 1959, if the distiller and the surety
    have executed consent to continuation of the terms of the existing
    bond to cover operations from May 1, 1959, to June 30, 1959, both
    dates inclusive.  Nothing in this subsection shall be construed as
    limiting the authority of the Secretary of the Treasury or his
    delegate under section 5176(b) or (c) of the Internal Revenue Code
    of 1986.''
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 5176, 5177, 5214 of this
    title.