Beverage Alcohol Community Symposium New York, November 12, 2015

Transcription

1 Beverage Alcohol Community Symposium New York, November 12, 2015

2 Principle negotiators are the staff of the US Office of Trade Representative, an office of the President. Supported by partner government agencies including TTB, FDA, US Dept of Agriculture and others Rounds of negotiation alternate between the US and regions of the parties. The TTP was finalized after six years of negotiations The TTIP started negotiations in July 2013 and just completed the 11 th round in Miami this fall Transpacific partnership & Transatlantic Trade and Investment Partnership 2

3 Full Text of the TPP agreement released on November 4 th The entire text can be found at Congress earlier approved Trade Promotion Authority (TPA) also known as Fast Track Authority. Passed with very slim margins but clears the way for Congressional review of agreements without the ability to materially change the language. Publication of TPP will being the Congressional review ending on February 4, Key elements for Beverage Alcohol mostly Export oriented: US Exported $579 M wine, $359 M beer and $539 M distilled spirits to the TPP region Competing regions (Australia, Chile, soon EU) already have favorable tariff treatment TPP and TTIP

4 Began Six Years Ago and Includes These Pacific Rim Nations TPP 4

5 Complicated by the political environment of a presidential election year TTP is tilted toward expanding export trade to the pacific rim US Exports in 2014 = Wine $579M, Beer $359M, Spirits $539M US products will see an elimination of most tariffs on imports within 10 years. Some as high as 14 cents per liter TPP includes annexes on specific products TPP 5

6 Annexes (wine and spirits) No rejection of imports solely because of certain descriptive terms and adjectives related to wine or winemaking Consistent declaration of label elements such as product name, country of origin, net contents and alcohol content Agreement on placement of date markings, winemaking practice disclosures Elimination of most certifications by vintage, varietal and regional claims for wine or raw materials & production processes for spirit Establishes reasonable parameters for sampling of wine and spirits if required Work toward greater acceptance of winemaking practices TPP 6

7 Wine annex section 16 contains language that may be of value in future agreements: Each party shall not prevent imports of wine from other parties solely on the basis that the wine labels include the following descriptors or adjectives describing the wine or relation to wine-making: chateau, classic, clos, cream, crusted/crusting, fine, late bottled vintage, noble, reserve, ruby, special reserve, solera, superior, sur lie, tawny, vintage, and vintage character. TPP 7

8 TTIP negotiations are complicated by intense concern for recognition and protection in the food sector of geographical indications. Two interests in the alcohol sector by the EU are achieving analogous status in the US market on direct to consumer sales and equivalent excise tax treatment for small producers of wine and beer The USTR goal is to complete the TTIP agreement as early in 2016 as possible This certainly be debated during the 2016 presidential election cycle. A lame duck approval is possible. TTIP 8

9 U.S. Customs and Border Protection Stakeholder Briefing November 2015

10 A Day at the U.S. Border CBP protects more than: 5,000 miles of border Canada 1,900 miles of border 328 Ports of Entry 20 Border Patrol Sectors 35 Permanent Checkpoints Process 1 Million Passengers 308 Thousand Vehicles 70 Thousand Truck, Rail & Sea Containers

11 CBP Trade Operations Trade Process Production and distribution Carrier files required documents for importation Importer files required documents & provides payment of duties Goods are transported to a distribution center Factory Road Transport Distribution Center Road Transport Port of Lading Vessel Port of Transit Port Discharge Road Vessel Transport Retail Distribution Center CBP Process CBP security targeting CBP sends do not load instructions to carrier CBP determines if goods are admissible CBP releases goods

12 Major CBP Trade Initiatives Automated Commercial Environment (ACE)--Mandatory Use Dates Cargo Manifests all modes May 2015 Cargo Release/Summary Nov Feb. 2016, July 2016 Remaining Electronic Processes Oct Centers of Excellence & Expertise (CEE) Nationwide CBP Trade Staff Realignment by Industry 3 CEEs Fully Implemented October 2015 Electronics Petroleum, Natural Gas & Minerals Pharmaceuticals, Health & Chemicals Trusted Trader Pilot CTPAT and Importer Self-Assessment Test

13 ACE Mandatory Use Dates

14 U.S. Customs and Border Protection (CBP) and Centers of Excellence and Expertise (CEE) CEEs are bringing major changes to CBP: 1. Organizational--Moving from regional focus to nationwide industry centers 2. Processing Modernizing the import process 3. Legal Establishing CEE Director authority

15 U.S. Customs and Border Protection Field Management Areas

16 Centers of Excellence and Expertise Industrial & Manufacturi ng Materials Apparel, Footwear & Textiles Base Metals Automotive & Aerospace Pharmaceutic als, Health & Chemicals Electronics Consumer Products & Mass Merchandising Machinery Petroleum, Natural Gas & Minerals Agriculture & Prepared Products

17 Agriculture & Prepared Products (APP) APP industry covers Chapters 1-24 of the Harmonized Tariff Schedule Commodities include animals, meat, dairy, seafood, plants, fruits, vegetables, grains, coffee, teas, spices, oilseeds, animal/vegetable oils, sugar, cocoa, prepared foods, beverages, animal feed/pet food and tobacco Over $133 Billion in imports in 2014

18 Agriculture & Prepared Products (APP) Top commodities: coffee, alcoholic beverages, meat, guar/thickeners, vegetable oils, bananas, soft drinks, candy, shellfish, and cocoa Top source countries: Canada, Mexico, China, India, Brazil, France, Thailand, Italy, Chile, Colombia Top entry value ports: New York, Los Angeles, Miami, San Francisco, Philadelphia, Detroit, Laredo, Buffalo, Houston, Nogales >1,200 CTPAT Importers of Record active in APP ~ 830 CTPAT (Tier 2/3) APP Importers

19 How the Centers Operate ABC Imp orts ABC Imp orts Before CEE participation: CEE Operations: Importer uses 20 ports of entry Importer uses 20 ports of entry 20 CBP offices review entry summaries One Center reviews entry summaries Paper documents submitted for CBP Documents submitted to CBP electronically reviews Center manages importer as a single account 20 CBP offices advise on cargo One Center advises on cargo admissibility admissibility Importers have one Center point of contact Importers have 20 port points of contact

20 Port and CEE Processing/Authorities/ CBP Port Director Manifest/entry review/ targeting Agriculture/cargo inspections Cargo and conveyance control Cargo release Detentions Seizures and penalties Drawback Key Port Personnel: ü CBP Officers ü Agriculture Specialists ü Seized Property Specialists ü Paralegals Staffing Joint Authority Redelivery Sampling Single transaction bonds Collections CBP CEE Director Entry summary processing Liquidation Protests, petitions Summary amendments, corrections Requests for Information Notices of Action Admissibility guidance to ports Key CEE Personnel: ü Import Specialists ü Entry Specialists ü National Account Managers ü National Import Specialists

21 A CEE Director manages the nationwide industry network. All Import Specialists assigned to one of the 10 CEE industries CEE staff work in virtual networks while physically based in most prominent industry locations CEE staff has a national perspective on imports and industry; importers are managed as national accounts. Standard industry assignments raise the overall level of specialization and make CBP staff better experts and more familiar with industry stakeholders and issues CBP CEE Industry Staffing

22 The Import Process for CEE Participants Importers are assigned to one CEE team Entry summaries filed at any port are automatically assigned to one CEE team, regardless of HTS Filers submit all requested summary documents and postsummary transactions (e.g., protests) via the Document Imaging System or attachment to the CEE mailbox No paper! CEE Team Importers continue to work directly with ports on day-to-day cargo inspection and release issues, but issues involving multiple ports of entry or of national scope may be raised with the CEE. CBP port personnel (CBP Officers and Agriculture Specialists) continue to be responsible for cargo exams and release, and may consult CEE staff on admissibility issues as needed. Note: CEE participation does not affect an importer s choice of ports of entry or their use of brokers

23 CEE Goals Ø Facilitate legitimate trade through effective risk segmentation Ø Increase industry based knowledge within CBP Ø Enhance enforcement and address industry risks

24 Goal 1: Facilitate Legitimate Trade Monitor cargo release for trusted traders and work with ports to resolve holds Ø Obtain advance information to head off admissibility concerns across all ports Ø Provide guidance on requirements that affect cargo processing Ø Coordinate non-uniform inspection concerns and develop risk-based responses Ø Help expedite delayed shipments brought into compliance Ø Quickly address questions from CBP officers regarding participant shipments Process post-release documents (electronically) for trusted traders Ø Monitor participant entry summaries to ensure timely, correct liquidations Ø Coordinate centralized processing of multi-port protests

25 Importer Feedback on CEEs is Strongly Positive ü Simplified communications with one dedicated POC (vs. multiple port POCs) ü Centralized processing of importers managed as national accounts for entry summaries, protests, corrections, etc. ü Hands-on monitoring and troubleshooting for cargo and revenue processing; reduced exams and information requests ü Paperless, streamlined, more predictable import processing ü CEE staff more familiar with importer businesses due to account/industry focus ü CEE-Trade partnership/information sharing ü Joint development of CEE initiative and future import processes

26 Applying is simple send an to with: Business name Contact information Importer of record numbers Identify the CEE you are proposing to join For the APP CEE, the highest percentage of an applicant s entries must be within Chapters 1-24 of the Harmonized Tariff Schedule Applicants must sign up for an ACE portal account (if they don t already have one.) No deadline to apply How To Apply For further details, refer to Federal Register Notices (77 FR and 78 FR 20345) and Test Guidelines (on

27 Contact the Agriculture & Prepared Products Center of Excellence and Expertise at: or (Option 02)

28 FDA - Overview of FSMA New system of food safety oversight for the 21 st Century Transformational shift from response to prevention Provides additional tools to hold industry accountable for producing safe food Enhanced partnerships New system of import oversight

29 Paradigm Shift for Imports Traditionally, the border had been our primary line of defense against unsafe imported products. FSMA creates a multilayered safety net. Role of manufacturer Role of importers Role of third parties Role of foreign regulatory bodies Role of FDA

30 Foreign Supplier Verification Program (FSVP) Importers would be responsible for ensuring that the food they bring into the U.S. meets FDA safety standards. The requirements will provide flexibility based on the risk of the food. Under FSMA section 404, requirements must be consistent with WTO, other agreements.

31 Who Is Covered by the FSVP Proposed Rule? All importers must establish and follow an FSVP, unless otherwise exempted. Exemptions: Importers of juice and seafood whose suppliers are in compliance with the HACCP program Small quantities of food imported for research and evaluation purposes Food imported for personal consumption Facilities subject to FDA s low acid canned food requirements (microbiological hazards only) Alcoholic beverages Food that is trans-shipped or that is imported for future export and not consumed or distributed in the U.S.

32 FSVP Proposed Rule Requirements Importers would generally be required to develop, maintain, and follow an FSVP for each food In general, FSVP includes: Hazard analysis Evaluation of risk Supplier verification activities Complaints, investigations, and corrective actions (if necessary) Periodic reassessment of the FSVP (every 3 years) Importer identification at entry Recordkeeping Modified Requirements in Certain Instances

33 Proposed Compliance Dates Generally 18 months (1.5 years) after publication of final rule OR 6 months after the foreign supplier is required to comply with preventive controls or produce safety regulations

34 Voluntary Qualified Importer Program (VQIP) FDA required to establish a program to provide for the expedited review of food imported by voluntary participants. Participation is limited to importers who meet all eligibility criteria, including offering food from a facility certified under FDA s accredited third party program.

35 Draft Benefits of VQIP Expedited entry into the U.S. Examination and/or sampling generally limited to for cause situations Any sampling or examination done at location chosen by the importer Expedited laboratory analysis if sampled VQIP Importers Help Desk FDA will post approved VQIP importers, if desired

36 Accreditation of Third-Party Auditors Proposed rule establishes a voluntary system for the recognition of accreditation bodies that accredit thirdparty auditors to conduct food safety audits and, where appropriate, to issue certifications. Allows FDA to directly accredit third-party auditors under certain circumstances Includes protections against conflicts of interest Draft guidance on model accreditation standards to qualify third party auditors for accreditation Proposed rule to establish a fee to recoup the costs of this program. 36

37 Accredited Third Party Structure FDA FDA would recognize accredita3on bodies based on certain criteria, such as competency and impar3ality. Accredita,on Bodies Accredita3on bodies would in turn accredit qualified third- party auditors. Third- Party Auditors or Cer,fica,on Bodies Third- party auditors/cer3fica3on bodies would audit and issue cer3fica3ons for foreign facili3es and foods. Foreign Facility Foreign facili3es may choose to be audited by an accredited auditor/cer3fica3on body.

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39 Thank You 39