Alternate use of premises and equipment for customs purposes.

§ 19.142 Alternate use of premises and equipment for customs purposes. (a) General. The proprietor may extend or curtail the distilled spirits plant premises or a part of those premises for temporary use by Customs and Border Protection officers for customs purposes. If the proprietor wishes to alternate the use of the premises for customs purposes, that use must be approved by the port director of customs and must be conducted in accordance with applicable customs laws and regulations. (b) Qualification. Before alternating the plant premises for customs purposes, the proprietor must file and receive approval of the necessary registration, application and bonds as required by this part. The proprietor's application for registration must include the following: (1) A description of the areas, rooms or buildings, or combination of rooms or buildings that will be alternated; (2) A diagram of the parts of the plant that the proprietor will use for the alternation; and (3) The method that the proprietor will use to separate the alternated premises from any premises not subject to alternation. (c) Letterhead notice. After the proprietor receives approval to alternate premises for customs purposes, the proprietor must file a letterhead notice with the appropriate TTB officer each time the premises will be alternated. The notice must include the following information: (1) The name and plant number of the proprietor filing the notice; (2) The date and hour the alternation will take place; (3) Identification of any applicable diagrams provided with the registration filed under paragraph (b) of this section, showing the portions of the premises involved in the alternation; (4) The purpose of the alternation; (5) If the alternation is for gauging or processing distilled spirits, a statement to that effect; and (6) An indication of the class of temporary customs warehouse, if applicable. (d) Proprietor responsibilities. Prior to the start of alternation for customs purposes, the proprietor must remove all spirits from the premises or equipment that will be involved in the alternation. However, upon release by customs, spirits in the process of being transferred to bonded premises under 26 U.S.C. 5232 may remain on the premises to be reincluded in the bonded premises. (e) Exceptions. The qualification requirements in paragraph (b) of this section and the notice requirements in paragraph (c) of this section will not apply where the proprietor solely intends to gauge bulk distilled spirits for transfer from customs custody to bonded premises. (f) Conveyance of spirits in customs custody. If the proprietor intends to convey spirits in customs custody across the distilled spirits plant premises the proprietor must comply with § 19.60. (26 U.S.C. 5172, 5178) [T.D. TTB–92, 76 FR 9090, Feb. 16, 2011, as amended by T.D. TTB–146, 82 FR 1120, Jan. 4, 2017]