Complying with U.S. regulations for exporting and importing wines and champagnes during the holiday season is a complex process involving multiple government agencies. Here are the key regulatory bodies and requirements:
1. Alcohol and Tobacco Tax and Trade Bureau (TTB).
2. Food and Drug Administration (FDA).
3. U.S. Customs and Border Protection (CBP).
The TTB is the primary federal agency that regulates the import and sale of alcohol in the U.S. for commercial purposes.
Importer’s Permit
You must have a TTB-issued Importer’s Basic Permit. This permit is required for anyone engaging in the business of importing alcohol for resale. If you don’t have a U.S. office, you will need to partner with an existing licensed importer in the U.S. who can act as the “Importer of Record.”
Certificate of Label Approval (COLA)
A COLA is required for each unique product and label before it can be imported and sold in the U.S. The TTB reviews the label to ensure it complies with federal regulations, including requirements for the brand name, class and type designation (“red wine,” “champagne”), alcohol content, net contents, and the mandatory health warning statement.
The FDA regulates the safety of food and beverages, and wine and champagne are considered food under its jurisdiction.
Food Facility Registration
The foreign and domestic facility that manufactures, processes, or packs the wine or champagne must be registered with the FDA.
U.S. Agent Requirement
Foreign facilities that export products to the United States are required to designate a U.S. Agent during the FDA registration process. The FDA regards communications from the U.S. Agent as official representations of the foreign facility. Any information or documents provided to the U.S. Agent are considered as having been provided directly to the foreign establishment. As a result, many foreign facilities prefer their U.S. Agent to be bilingual, ensuring clear and effective communication.
Time zone differences, both within the U.S. and globally, can create communication challenges. Having a U.S. Agent with flexible or extended working hours can significantly improve responsiveness. While email remains a useful communication tool, prompt replies especially within the same day are ideal. However, offering additional options such as live chat or 24/7 instant support provides even greater value.
Thinking about switching your U.S. Agent?
The optimal window to make a change is between October 1 and December 31 each year, although changes can be made at any time.
Prior Notice
A prior notice must be filed with the FDA before any shipment of food or beverages, including alcohol, arrives at a U.S. port of entry. This notice allows the FDA to evaluate the safety of the shipment and decide whether to inspect it. The prior notice must be submitted electronically within a specific timeframe depending on the mode of transport (8 hours for a vessel, 4 hours for air or rail, and 2 hours for a truck).
CBP is responsible for enforcing all import regulations at the border.
Import Entry
An import entry must be filed with CBP. This process involves submitting all required documentation, including the COLA, prior notice confirmation, and commercial invoices.
Taxes and Duties
The importer is responsible for paying all applicable federal excise taxes and duties to U.S. Customs and Border Protection (CBP). The duty rates for wine and champagne can be found in the Harmonized Tariff Schedule, Chapter 22.
In addition to federal regulations, you must also comply with the laws of the specific state where the wine will be imported and sold. State laws can vary significantly and may have additional requirements, such as state-specific permits and licenses.
