COOL Requirement Partially Repealed Under Threat of Sanctions

In May 2015, the World Trade Organization (“WTO”) settled a years-long international trade dispute arising out of the United States’ country of origin labeling (“COOL”) requirement for muscle cuts of meat. Finding that the U.S. COOL requirement violated the terms of two international trade agreements, the WTO paved the way for the aggrieved countries, Canada and Mexico, to retaliate. Then on December 9th, the WTO authorized Canada and Mexico to seek sanctions against the U.S. totaling approximately $1 billion. On December 21, however, the U.S. Congress passed a budget bill that contained language repealing part of the COOL requirement. The President signed the bill into law the same day. Misleading headlines proliferated, so let’s take a look at what was really repealed—and what this change in the law means to the wine industry.

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Trade Dispute Moves Closer to Sanctions that Could Affect U.S. Wine Exports

The ongoing international dispute over country of origin labeling (“COOL”) requirements escalated this week when the World Trade Organization (“WTO”) paved the way for sanctions against the U.S. On Monday, December 7th, a WTO arbitrator issued a report [1] authorizing Canada and Mexico to seek approval for sanctions of more than 1 billion Canadian dollars and more than 227 million U.S. dollars per year, respectively. One of the U.S. products that Canada and Mexico have threatened to target is wine.

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WTO Ruling Might Impact U.S. Wine Exports

On May 18, the World Trade Organization (WTO) issued a report finding the U.S. in violation of the General Agreement on Tariffs and Trade (GATT) and the WTO Agreement on Technical Barriers to Trade (TBT). On May 29, the body concluded its proceedings. On June 7, Canada's agriculture and international trade ministers released a statement threatening to impose tariffs on American products. These fighting words are the latest development in a six-year, multinational dispute that arose when the U.S. Department of Agriculture adopted rules requiring country of origin labeling (“COOL”) of muscle cuts of meat, including beef and pork. So how did an argument over bovines and swine get us to the point of retaliatory tariffs on wine? What’s at stake (no pun intended) here?

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