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131 STAT. 2171 PUBLIC LAW 115–97—DEC. 22, 2017 an electing importer under paragraph (4) and the barrels have been assigned to the importer pursuant to such paragraph’’ after ‘‘during the calendar year’’, and (2) by adding at the end the following new paragraph: ‘‘(4) REDUCED TAX RATE FOR FOREIGN MANUFACTURERS AND IMPORTERS.— ‘‘(A) IN GENERAL.—In the case of any barrels of beer which have been brewed or produced outside of the United States and imported into the United States, the rate of tax applicable under clause (i) of paragraph (1)(C) (referred to in this paragraph as the ‘reduced tax rate’) may be assigned by the brewer (provided that the brewer makes an election described in subparagraph (B)(ii)) to any electing importer of such barrels pursuant to the require- ments established by the Secretary under subparagraph (B). ‘‘(B) ASSIGNMENT.—The Secretary shall, through such rules, regulations, and procedures as are determined appro- priate, establish procedures for assignment of the reduced tax rate provided under this paragraph, which shall include— ‘‘(i) a limitation to ensure that the number of bar- rels of beer for which the reduced tax rate has been assigned by a brewer— ‘‘(I) to any importer does not exceed the number of barrels of beer brewed or produced by such brewer during the calendar year which were imported into the United States by such importer, and ‘‘(II) to all importers does not exceed the 6,000,000 barrels to which the reduced tax rate applies, ‘‘(ii) procedures that allow the election of a brewer to assign and an importer to receive the reduced tax rate provided under this paragraph, ‘‘(iii) requirements that the brewer provide any information as the Secretary determines necessary and appropriate for purposes of carrying out this para- graph, and ‘‘(iv) procedures that allow for revocation of eligi- bility of the brewer and the importer for the reduced tax rate provided under this paragraph in the case of any erroneous or fraudulent information provided under clause (iii) which the Secretary deems to be material to qualifying for such reduced rate. ‘‘(C) CONTROLLED GROUP.—For purposes of this section, any importer making an election described in subparagraph (B)(ii) shall be deemed to be a member of the controlled group of the brewer, as described under paragraph (5).’’. (d) CONTROLLED GROUP AND SINGLE TAXPAYER RULES.—Sub- section (a) of section 5051, as amended by this section, is amended— (1) in paragraph (2)— (A) by striking subparagraph (B), and (B) by redesignating subparagraph (C) as subpara- graph (B), and (2) by adding at the end the following new paragraph: ‘‘(5) CONTROLLED GROUP AND SINGLE TAXPAYER RULES.— 26 USC 5051. VerDate Sep 11 2014 10:09 Oct 18, 2018 Jkt 079139 PO 00097 Frm 00119 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL097.115 PUBL097 dkrause on DSKBC28HB2PROD with PUBLAWS