I called in the BIG guns for this one. I bought a bottle myself recently and confirmed that it was 43%, but the Highland Park web site lists the 12yr at 40%. So we obviously needed to find out what the deal was with the discrepancy.
I asked Mark Gillespie of the WhiskyCast to look into it for us.
Gerry Tosh, Highland Park's Global Marketing Manager clarified that the 12 and 15yr are 40% ABV everywhere in the world except for the USA where they are 43% because of old import laws restricting imports of spirits below 43%.
He said that they don't have plans to change the ABV from 43% in the US market.
Thanks to Mark and Gerry!