[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: 27CFR27.204]

[Page 729-730]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 27--IMPORTATION OF DISTILLED SPIRITS, WINES, AND BEER--Table of Contents
 
               Subpart N--Requirements for Liquor Bottles
 
Sec. 27.204  Distinctive liquor bottles.

    (a) Application. Liquor bottles of distinctive shape or design, 
including bottles of less than 200 ml. capacity, may be imported by an 
importer (filled bottles) or a bottler (empty bottles). For filled 
bottles, the importer shall submit ATF Form 5100.31 for approval prior 
to importation of such bottles

[[Page 730]]

into the United States. For empty bottles, the bottler shall obtain 
approval from the appropriate ATF officer on ATF Form 5100.31 prior to 
using the bottles. The importer or bottler, as applicable, shall certify 
as to the total capacity of a representative sample bottle before 
closure (expressed in milliliters) on each copy of the form. In 
addition, the applicant shall affix a readily legible photograph (both 
front and back of the bottle to the front of each copy of ATF Form 
5100.31, along with the label(s) to be used on the bottle. The applicant 
shall not submit an actual bottle or an authentic model unless 
specifically requested to do so.
    (b) Approval. Properly submitted ATF Forms 5100.31 to import 
distinctive liquor bottles (filled), or, properly submitted ATF Forms 
5100.31 to use distinctive liquor bottles (empty) which have been 
imported, shall be approved provided such bottles are found by the 
appropriate ATF officer to--
    (1) Meet the requirements of 27 CFR part 5;
    (2) Be distinctive;
    (3) Be suitable for their intended purpose;
    (4) Not jeopardize the revenue; and
    (5) Not be deceptive to the consumer.

The applicant shall keep a copy of the approved ATF Form 5100.31, 
including an approved photograph (both front and back) of the 
distinctive liquor bottle, on file at his premises. If ATF Form 5100.31 
is disapproved, the applicant shall be notified of the appropriate ATF 
officer decision and the reasons therefor. The applicant importer is 
responsible for furnishing a copy of the approved ATF Form 5100.31, 
including a photograph of the distinctive liquor bottle, to Customs 
officials at each affected port of entry where the merchandise is 
examined.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1374, as amended (26 U.S.C. 5301))

[T.D. ATF-114, 47 FR 43951, Oct. 5, 1982, as amended by T.D. ATF-242, 51 
FR 39526, Oct. 29, 1986; T.D. ATF-474, 67 FR 11232, Mar. 13, 2002]