In general, the Internal Revenue Code
(IRC) at 26 U.S.C. 5001 imposes Federal excise tax on each proof
gallon of distilled spirits produced in or imported into the United
States. However, under the IRC at 26 U.S.C. 5111–5114, persons
using distilled spirits to produce certain nonbeverage products
(medicines, medicinal preparations, food products, flavors,
flavoring extracts, or perfume) may claim drawback (refund) of all
but $1.00 per proof gallon of the Federal excise tax paid on the
distilled spirits used to make such products, subject to
regulations issued by the Secretary “to secure the Treasury against
frauds.” Under those IRC authorities, the Alcohol and Tobacco Tax
and Trade Bureau (TTB) regulations in 27 CFR part 17 require
manufacturers to submit certain applications and notices to TTB
regarding their use of distilled spirits in the production of
nonbeverage products eligible for drawback. The required
applications, which require TTB approval, cover nonbeverage
activities that present significant jeopardy to the revenue, while
the required notices, which do not require TTB approval, cover
activities that present less jeopardy to the revenue. This
information collection is necessary to protect the revenue as it
helps prevent diversion of distilled spirits to beverage use and
ensures that nonbeverage product activities comply with the law and
TTB regulations.
There are no program changes
associated with this collection. As for adjustments, due to a
change in agency estimates, TTB is decreasing the number of
respondents to this information collection from 515 to 350, and is
decreasing the number of annual responses from 1,030 to 700. In
turn, this results in a decrease in this information collection’s
estimated total annual burden, from 515 hours to 350. This change
in agency estimates results from TTB’s use of improved information
technology, which has improved TTB accounting of the letterhead
applications and notices submitted to the agency.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.