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October 23, 2009

 

Greetings!  We hope that you are having an honorable and constructive week!  This edition includes articles on John Manfreda's meeting with the Italian Ambassador and Minister of Agriculture, his keynote address to CLE, the establishment of the Happy Canyon of Santa Barbara viticultural area, and Notice No. 100 clarifying the drawback of internal revenue taxes.

 

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In the TTB Newsletter, we compile the top TTB news of the week and other helpful information about the Bureau and the Federal alcohol and tobacco laws and regulations we enforce.

Please send any questions and/or comments to Susan Stewart Evans, Executive Liaison for Industry Matters (susan.stewart-evans@ttb.gov) and/or Frosty Chapman, State Liaison (forrest.chapman@ttb.gov).

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 ITALIAN AMBASSADOR AND MINISTER OF AGRICULTURE MEET WITH TTB ADMINISTRATOR

On October 20, 2009, the TTB Administrator met with the Italian Minister of Agriculture and with Italy's Ambassador to the United States.  The Government of Italy requested the meeting to discuss the ongoing investigations into the improper blending of several Italian wines including Brunello di Montalcino.  The Minister sought to reassure TTB that his office has taken full responsibility for the integrity of all 500 Italian wine denominations and has ensured that none of the reportedly mislabeled products are on the market.  He stressed that he has taken TTB concerns about the integrity of certain Italian wines seriously and has mandated a heightened quality control and oversight role for the Ministry of Agriculture.  He also advised that at the conclusion of the court case he would promptly provide TTB with information on the final disposition of the cases.  TTB reassured the Ambassador and the Minister that TTB's goal is not to disrupt trade or act unfairly against producers who have not been found guilty, but also emphasized the need to receive the prosecutors report as soon as it is available to assist in determining the future need for and scope of the certification process currently being enforced by the Bureau.

ADMINISTRATOR PRESENTS KEYNOTE ADDRESS TO CLE

John Manfreda delivered the keynote presentation at this year's Continuing Legal Education (CLE) conference. The 14th annual CLE Wine, Beer & Spirits Law conference was held in Charlottesville, Virginia, October 15 — 16.  The conference was attended by corporate, private and State and Federal attorneys whose practices deal with alcohol beverage legal issues.  Mr. Manfreda's wide-ranging keynote address covered a variety of topics of interest to those in attendance including: (1) TTB's operational philosophy, (2) the current status of our various regulation projects, (3) alcohol beverage labeling programs, (4) field auditor and investigation issues, and (5) international trade issues.  Mr. Manfreda finished his well-received presentation with a brief question and answer session.   

TTB ANNOUNCES ESTABLISHMENT OF HAPPY CANYON OF SANTA BARBARA VITICULTURAL AREA

TTB published a final rule in the Federal Register establishing the 23,941-acre "Happy Canyon of Santa Barbara'' American viticultural area in Santa Barbara County, California. This viticultural area lies within the larger Santa Ynez Valley viticultural area and the multicounty Central Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

This final rule becomes effective November 9, 2009.

NOTICE NO. 100 PROPOSES CLARIFYING THE DRAWBACK OF INTERNAL REVENUE TAXES

In a recently published notice of proposed rulemaking, TTB proposed amending its regulations to clarify the relationship between tax payment under the Internal Revenue Code of 1986 and the drawback of tax under the Tariff Act of 1930. The TTB proposal provides conforming amendments to reflect proposed Customs and Border Protection (CBP) regulations stating that domestic merchandise on which no tax is paid under the Internal Revenue Code may not be substituted for imported merchandise for purposes of claims for drawback of tax under the customs laws and regulations. 

Written comments to TTB's notice of proposed rulemaking must be received on or before December 14, 2009.  See the TTB Federal Register notice. 

Written comments to CBP's notice of proposed rulemaking (published in the same edition of the Federal Register) must be received on or before November 16, 2009.  See the CBP regulation.