Although Tequila has grown in exports to several countries, the volume and value of exports to these countries do not rival those to the colossus of the north, the United States, the consumer par excellence of Tequila. However, it is notable that since the 1990s, exports to markets such as Canada have seen a sustained and significant increase.
Since its beginnings, the U.S. market has monopolized tequila exports, becoming its most loyal destination. White and reposado tequila varieties predominate in preferences, both in the mixed and 100% agave tequila categories. This reflects a U.S. consumer trend toward tequilas ideal for cocktails and mixers, despite a growing interest in the broader range of this beverage.
Requirements for exporting Tequila to the United States of America
As for the producer and/or bottler must comply with what is specified in the Tequila Export page in the section Documents and general procedures for Tequila export; however for the marketer acting as Tequila importer must consider the following:
- Registration and Prior Notification to the FDA: According to the Bioterrorism Act of December 2003, it is mandatory for the importer to register the Tequila producing plant before the Food and Drug Administration (FDA). This registration is done electronically following the guidelines available on the FDA's official website. In addition, prior notification to the FDA is required prior to the importation of any food product, including alcoholic beverages. Such notification can be made through the Bureau of Customs and Border Protection's automated interface or through FDA's pre-notification system. It is imperative to maintain detailed records and keep invoices for the products at the producing plant prior to export to the United States.
- TTB Import and Distribution License: The importer must possess a valid license for the importation and distribution of alcoholic beverages issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB). This license is a prerequisite to operate legally in the U.S. market.
- TTB Label Approval: It is essential to obtain a Certificate of Label Approval (COLA) from the TTB. The application for this certificate can be made by mail or electronically and must be signed by an authorized representative of the company, either the importer or a third party agent. The application must include a copy of the power of attorney confirming the representative's authority. All labels on products intended for import must meet the criteria specified in Part 5, Section 5.32 of the U.S. Code of Federal Regulations. In addition, compliance with point 11 of the Norma Oficial Mexicana (NOM) del Tequila, which establishes additional label requirements, should not be overlooked.
Process for Exporting Tequila to the United States of America
In order to export Tequila to the United States effectively, it is essential to take into account the following points:
- The verification and certification of the Official Mexican Standard for Tequila exports is an exclusive task of the Tequila Regulatory Council (CRT).
- The beginning of the export process varies according to the exporting agent, which can be a producer, bottler or marketer.
- The CRT carries out constant verification at distilleries within the area covered by the Tequila Appellation of Origin.
- Only producers have the capacity to export Tequila in bulk, while marketers cannot.
- Tequila of the 100% agave category must be exported only in bottled form.
- At the exporter's request, an inspector checks the Tequila destined for export in barrels and tanks, takes samples and seals the container accesses, and then sends the samples to an accredited laboratory for analysis.
- A co-responsibility agreement between the producer and bottler is required for bottling bulk Tequila abroad, with the support of the Mexican Institute of Industrial Property.
- All documents related to the export must be updated and registered with the CRT. With the favorable opinion of the samples, the Export Certificate is issued.
- In the case of export of bottled Tequila, a CRT inspector physically examines the shipment and, if necessary, takes samples. Once the report is obtained and all documentation is submitted to the CRT, the Export Certificate is issued.
- The shipment goes to Customs with the Export Certificate. Mexican Customs verifies the originality of the certificate and the accuracy of the printed data in comparison with the Tequila presented. If the documentation matches, border crossing is authorized.
- To ensure importation into the United States, it is recommended that U.S. Customs request the original Export Certificate. This guarantees the authenticity of the Tequila and prevents the importation of counterfeit products.
- Once the import is completed, the importer, bottler and distributor place the Tequila for sale in commercial outlets.
- The Alcohol and Tobacco Tax and Trade Bureau (TTB) has the authority to verify the authenticity of Tequila, requiring the Export Certificate issued by the CRT as valid proof.
These elements are fundamental to ensure a transparent and compliant export and import process, preserving the quality and authenticity of Tequila.
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