Bringing an overseas brand into the United States
For a foreign winery, brewery, or distillery, U.S. market entry requires a coordinated plan for the importer, product approvals, customs entry, and distribution. Daftari Law connects that regulatory work with the commercial agreement that determines who controls the brand relationship, bears shipment costs, and receives payment.
TTB's importing guidance addresses the importer's basic permit and applicable Certificates of Label Approval under the Federal Alcohol Administration Act. Federal approval is only one part of the analysis; the intended state market and route to customers also matter.
Exporting U.S. beer, wine, and spirits
An export agreement should identify the destination market, the buyer's responsibilities, and the documentation needed for entry. TTB provides export certificates used to satisfy foreign-government requirements, including certificates concerning origin, age, free sale, or other product characteristics. The required certificate and its acceptable form depend on the destination and product.
The firm assists with the U.S. legal and contractual aspects of the transaction. The work can address document responsibilities, shipment conditions, payment security, and the consequences if the buyer cannot obtain the necessary local approval.
Importer, distributor, and supply agreements
The contract should address how the product will reach the market and how the parties will respond when performance changes. Daftari Law drafts and negotiates agreements with attention to the commercial terms that determine the value and risk of the relationship.
- Territory and exclusivity: covered products and markets, sales commitments, performance review, and the terms for expansion or exit.
- Brand and approvals: trademark use, responsibility for labels and applications, access to regulatory records, and transition obligations.
- Delivery and landed costs: freight, insurance, customs clearance, duties, taxes, storage, and allocation of increased costs.
- Payment and product acceptance: currency, deposits, inspection rights, rejected goods, and responsibility for replacement or disposal.
- Dispute resolution: governing law, forum, arbitration, service, and enforcement against the counterparty and its assets.
Customs disputes and the U.S. Court of International Trade
An alcohol shipment can raise a customs dispute over how the product is classified, the value used to assess duties, or another reviewable customs decision. The immediate work is to identify the agency action, preserve the relevant entry records, and determine the available administrative and judicial route.
The U.S. Court of International Trade is an Article III federal court with nationwide jurisdiction over specified customs and international-trade matters. Its work includes review of denied customs protests. Classification and valuation disputes can reach the court through that process, subject to the applicable jurisdictional and procedural requirements.
Daftari Law evaluates selected customs and trade matters as part of its International Business & Trade practice. A claim against a foreign supplier or distributor is assessed separately under the contract, governing law, and available forum.
When the shipment or relationship is already in dispute
The firm can evaluate a held shipment, an unexpected duty assessment, nonpayment, rejected goods, or a distributor's failure to perform. The response begins with the documents and the decision that needs to be made: release of the goods, recovery of payment, allocation of additional costs, continuation of the relationship, or litigation.
What to identify in your consultation request
Describe the product, countries involved, the parties' roles, and any shipment or response deadline. After the firm requests documents, useful materials may include the agreement, invoices, shipping and customs records, permit or label-approval information, and agency notices.
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