Certification of Proper Cellar Treatment for Imported Natural Wine

OMB Control No: 1513-0119	ICR Reference No: 202003-1513-002
Status: Active	Previous ICR Reference No: 201704-1513-002
Agency/Subagency: TREAS/TTB	Agency Tracking No: ICN 77 - 2/6
Title: Certification of Proper Cellar Treatment for Imported Natural Wine
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/01/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/29/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	05/31/2020
Responses	50	0	20,000
Time Burden (Hours)	17	0	6,600
Cost Burden (Dollars)	0	0	0

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Abstract: Under the Internal Revenue Code (IRC) at 26 U.S.C. 5382, importers of natural wine produced after December 31, 2004, must provide the Secretary of the Treasury with a certification, accompanied by an affirmed laboratory analysis, that the practices and procedures used to produce the wine constitute proper cellar treatment. That IRC section also contains alternative certification requirements or exemptions for natural wine produced and imported under certain international agreements, as well as for such wine imported by an owner or affiliate of a domestic winery. In addition, the Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205 vests the Secretary with authority to prescribe regulations regarding the identity and quality of alcohol beverages. Under those authorities, the TTB wine labeling regulations in 27 CFR part 4 and its alcohol beverage import regulations in 27 CFR part 27 implement the proper cellar treatment certification requirement for imported natural wine.

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Authorizing Statute(s): US Code: 26 USC 5382(a)(3) Name of Law: Internal Revenue Code    US Code: 27 USC 205 Name of Law: Federal Alcohol Administration Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 785	01/07/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 23885	04/29/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Certification of Proper Cellar Treatment for Imported Natural Wine

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	50	20,000	0	0	-19,950	0
Annual Time Burden (Hours)	17	6,600	0	0	-6,583	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are no program changes associated with this information collection. As for adjustments, due to changes in agency estimates, TTB is reducing the estimated numbers of annual respondents, responses, and burden hours associated with this information collection. Under the IRC at 26 U.S.C. 5382(a)(3), importers of natural wine produced after December 31, 2004, must provide the Secretary with a certification from the government of the producing country that the practices and procedures used to produce the wine constitute proper cellar treatment. However, that section also provides that wines may be imported into the United States without such a certificate if exempted under an international agreement. Since the adoption of IRC section 5382(a)(3) in 2004, the United States has entered into wine production agreements with over 30 countries, including all of the world’s largest wine producing nations (the European Union nations, Argentina, Australia, Canada, Chile, Georgia, New Zealand, South Africa, and Uruguay). Therefore, the great majority of wines imported into the United States are now exempt from the IRC's requirement to possess a certificate of proper cellar treatment for that wine. In addition, TTB posts the certificates it does receive to its web site, and other importers may reference such certificates in lieu of providing an original certificate. As a result, TTB's estimated annual burden for this information collection has decreased significantly, from 4,000 respondents, 20,000 responses, and 6,600 hours, to 50 respondents, 50 responses, and 17 hours.

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Annual Cost to Federal Government: $687

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Jennifer Berry 540 344-9333 [email protected]

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 04/29/2020

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