TTB Issues New Circular on Required Declaration for Release of Brunello di Montalcino Wine
The Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a circular stating that beginning on June 23, 2008, all importers of Brunello di Montalcino wine must have in their possession at the time of the wine's release from U.S. Customs and Border Protection custody a declaration attesting that the wine meets certain requirements.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
This circular supersedes the previous TTB circular stating that imports of subject wines would not be released from CBP custody unless the importer submitted to CBP a statement attesting that the wine met certain requirements. (See ITT's Online Archives or 06/20/08 news, 08062015, for BP summary of the earlier circular.)
Certain Wine is Mislabeled as Brunello di Montalcino Wine
Brunello di Montalcino wine is a controlled appellation Denominazione di Origine Controllata e Garantita (DOCG) Italian wine that under Italian rules must be produced exclusively from Sangiovese grapes. TTB has learned that some of the wine labeled as Brunello di Montalcino was produced from a blend of Sangiovese and other grape varieties, and is therefore not entitled to the Brunello di Montalcino designation. This wine is mislabeled under both Italian and U.S. rules.
(In April 2008, the Foreign Agricultural Service issued a report announcing that producers of Brunello di Montalcino wine were being investigated for the mislabeling of such wine. According to FAS, there is no health risk associated with the false labeling of the product. (Report available at http://www.fas.usda.gov/gainfiles/200804/146294222.pdf.))
CBP Requires Government Statement for All Brunello di Montalcino Wine
Therefore, beginning on June 23, 2008, all importers of Brunello di Montalcino wine must have in their possession at the time of the wine's release from CBP custody a declaration from the Government of Italy stating that the product's vintage date and brand name meet the requirements of the Brunello di Montalcino DOCG and that the product is acceptable for sale as such in Italy.
(The previous circular indicated that the declaration would need to be submitted to CBP.)
The declaration also must include the name and address of the producer; appear on Italian Government Agency letterhead; and be signed and dated by an Italian Government official.
(A sample declaration was posted, available at http://ttb.gov/industry_circulars/archives/2008/2008-02attachment.pdf)
Importers Do Not Need to Present Declaration as Part of CBP Entry Process
TTB notes that importers will need only one declaration to cover multiple shipments for each vintage date, brand name, and producer, as long as these conditions are the same. The declaration must be in English or, if in Italian, accompanied by an English translation.
TTB adds that importers do not need to present the declaration as part of the CBP entry process.
Original or Copy of Declaration Must be Maintained, or Importer Could be Subject to Certain Penalties
The original or a copy of the required declaration must be maintained at the importer's premises. Until further notice, if TTB finds Brunello di Montalcino wine in the U.S. marketplace which was released from CBP custody on or after June 23, 2008, and the importer does not have the corresponding required declaration, TTB will consider it a willful violation and may take appropriate action which could include suspension or revocation of the importer's basic permit.
TTB Contact- International Trade Division (ITD) at 202-927-8110
TTB Industry Circular (No. 2008-2, dated 06/20/08) available at http://ttb.gov/industry_circulars/archives/2008/ic2008_02.html