United States of America: Recognition of cachaça as a distinctive product of Brazil

Measure #3292 | Published 16 May 2012 ▲

Description

U.S. Trade Representative Ron Kirk and Brazilian Minister of Development, Industry and Foreign Trade Fernando Pimentel exchanged letters on April 9, 2012 to designate cachaca as a distinctive product of Brazil and Bourbon whiskey and Tennessee whiskey as distinctive products of the United States. These products will enjoy intellectual property protection in both countries, and cachaca will no longer be confused with rum.
The next step in the process is for the Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) to consider comments from the public. TTB has long resisted the designation of cachaca as a distinctive product, a point that it reiterated in a public statement in 2004 and again in 2005. TTB has instead required that the product be labeled as “Brazilian rum.”
TTB now proposes to amend the regulations setting forth the standards of identity for distilled spirits to include “cachaca” as a type of rum and as a distinctive product of Brazil, and invites comments on this proposed amendment to the regulations. Comments are due June 29, 2012.

Any Evidence-Based Deliberation:

Question Result
Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?
Is there any evidence that alternatives to the proposed measure were considered?
Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?
Was such evidence identified?
Is such evidence publicly available?
Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?
Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?
Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?
Did the government state its intention to review the measure within one year of implementation?

Implementing Jurisdiction:

Affected Trading Partners:

Measure type:

Affected Sectors:

Affected Tariff Lines:

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Date Discovered:

Implemented: No

Date of inception:

GTA Evaluation: Green

Source:

See the hyperlinked material in the description.

Government Response:

Glossary of trade terms