[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR13.45]

[Page 254]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 13--LABELING PROCEEDINGS--Table of Contents
 
             Subpart D--Revocations of Specific Certificates
 
Sec. 13.45  Final decision after appeal.

    (a) Issuance of decision. After considering any written arguments or 
evidence presented by the certificate holder or the holder's 
representative, the appropriate ATF officer must issue a final decision. 
If the decision is to revoke the certificate of label approval, 
certificate of exemption from label approval, or distinctive liquor 
bottle approval, a letter must be issued explaining the basis for the 
revocation, and the specific laws or regulations relied upon in 
determining that the label or bottle was not in conformance with law or 
regulations. If the decision is to withdraw the proposed revocation, a 
letter explaining the decision must be sent.
    (b) Time limits for decision. Within 90 days of receipt of an 
appeal, the appropriate ATF officer must notify the holder whether the 
appeal has been granted or denied. If a certificate holder requests an 
informal conference as part of an appeal, as authorized in Sec. 13.71, 
the 90-day period will begin 10 days after the date of the conference to 
allow for consideration of any written arguments, facts or evidence 
submitted after the conference. The appropriate ATF officer may extend 
this period of time once by an additional 90 days if he or she finds 
that unusual circumstances require additional time to consider the 
issues presented by an appeal. If the appropriate ATF officer extends 
the period, he or she must notify the holder by letter, briefly 
explaining the issues presented by the label. The final decision after 
appeal will be the final decision of ATF.

[T.D. ATF-406, 64 FR 2129, Jan. 13, 1999, as amended by T.D. ATF-449, 66 
FR 19086, Apr. 13, 2001]