[Code of Federal Regulations]

[Title 27, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 27CFR28]



[Page 790]

 

            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

 

 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 

                                TREASURY

 

PART 28_EXPORTATION OF ALCOHOL--Table of Contents

 

                 Subpart D_Bonds and Consents of Surety

 

Sec.  28.62  Bond, Form 2735 (5100.30).



    (a) Requirement for bond. If a person other than the proprietor of 

the bonded premises withdraws distilled spirits or wine without payment 

of tax, as authorized by Sec.  28.91(a)(1), (2), (3), (5), or Sec.  

28.121(a), (b), (c), or (d), the exporter shall file a continuing bond, 

TTB Form 2735 (5100.30), as provided in Sec.  28.51.

    (b) Penal sum of bond. The penal sum of the bond shall be sufficient 

to cover the tax on the maximum quantity of distilled spirits and wine 

that may remain unaccounted for at any one time. However, the maximum 

penal sum of the bond shall not exceed $200,000, but in no case shall 

the penal sum be less than $1,000. Distilled spirits and wine withdrawn 

for exportation, use on vessels or aircraft, transfer to a customs 

bonded warehouse, or transfer to and deposit in a foreign-trade zone, 

shall remain unaccounted for until the evidence of exportation, use, 

deposit, transfer, or loss in transit has been filed with the 

appropriate TTB officer.

    (c) Apportioning bonds. If the bond, Form 2735 (5100.30), is in less 

than the maximum penal sum, the principal shall apportion the bond, in 

accordance with the requirements on the bond form. The exporter may 

reapportion the bond coverage, if changing conditions make this 

necessary, by filing a consent of surety, TTB Form 1533 (5000.18), in 

accordance with its instructions.

    (d) Withdrawal of wine for transfer to a customs bonded warehouse; 

consent of surety. An exporter with a bond on Form 2735 (5100.30) 

executed before April 1, 1981, shall obtain a consent of surety on Form 

1533 (5000.18) before withdrawing wine without payment of tax from a 

bonded wine cellar for transfer to a customs bonded warehouse. The 

consent shall be executed in accordance with Sec.  28.54 and filed in 

accordance with instructions on the form. Exporters with bonds executed 

on or after April 1, 1981, do not need this consent of surety, because 

such bonds automatically apply to withdrawals for transfer to customs 

bonded warehouses.



(Sec. 201, Pub. L. 85-859, 72 Stat. 1352, as amended, 1362, as amended, 

1380, as amended, 1381, 1382 (26 U.S.C. 5175, 5214, 5362) sec. 3. Pub. 

L. 91-659, 84 Stat. 1965, as amended (26 U.S.C. 5066, 5370, 5371))



[T.D. ATF-88, 46 FR 39815, Aug. 5, 1991, as amended by T.D. ATF-413, 64 

FR 46845, Aug. 27, 1999; T.D. TTB-8, 69 FR 3832, Jan. 27, 2004]



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