http://shipcompliantblog.com/blog/2011/04/21/what-scholars-have-to-say-about-the-care-bill/ Untangling the complex world of wine direct shipping and compliance Wed, 08 May 2013 16:58:28 +0000 hourly 1 http://wordpress.org/?v=3.4.2 http://shipcompliantblog.com/blog/2011/04/21/what-scholars-have-to-say-about-the-care-bill/comment-page-1/#comment-504446 Terroirist » Daily Wine News: Expensive Champagne Mon, 25 Apr 2011 12:03:34 +0000 http://shipcompliantblog.com/blog/?p=1016#comment-504446 [...] Blog, Cary Greene – the COO and general counsel of WineAmerica – sifts “through some of the best evidence-based economic and legal reports that have implications for the CARE [...] [...] Blog, Cary Greene – the COO and general counsel of WineAmerica – sifts “through some of the best evidence-based economic and legal reports that have implications for the CARE [...]

]]> http://shipcompliantblog.com/blog/2011/04/21/what-scholars-have-to-say-about-the-care-bill/comment-page-1/#comment-502276 Cary Greene Fri, 22 Apr 2011 19:29:06 +0000 http://shipcompliantblog.com/blog/?p=1016#comment-502276 Thanks, Bill. I wholeheartedly agree that H.R. 1161 would allow open discrimination and retaliation against imported products, which could include unfair taxation, onerous registration and labeling requirements, and other forms of anticompetitive behavior. WineAmerica stands united with importers in opposing this harmful bill. Thanks, Bill. I wholeheartedly agree that H.R. 1161 would allow open discrimination and retaliation against imported products, which could include unfair taxation, onerous registration and labeling requirements, and other forms of anticompetitive behavior. WineAmerica stands united with importers in opposing this harmful bill.

]]> http://shipcompliantblog.com/blog/2011/04/21/what-scholars-have-to-say-about-the-care-bill/comment-page-1/#comment-502246 Bill Earle Fri, 22 Apr 2011 18:42:16 +0000 http://shipcompliantblog.com/blog/?p=1016#comment-502246 This is a good and useful analysis of this legislation. HR 1161 and it's predecessors are both unnecessary and will create a new era of an "unknown" legal landscape as state legislatures bend to the will of interest groups. Though much of the focus of the discussion on HR 1161 has been about direct shipping, consumer choice and the fundamental interests of state alcohol laws, we often overlook the potential impacts on imported beverage alcohol products. The window opened for consumers to obtain that rare direct shipped domestic wine remains for the most part closed to imports. The wholesalers bill would encourage states to discriminate in new ways, perhaps directed at non resident suppliers. In a world that isn't flat marketplace American exports could encounter retaliation as supplier nations response to the "state based foreign policy" of HR 1161. This is a good and useful analysis of this legislation. HR 1161 and it's predecessors are both unnecessary and will create a new era of an "unknown" legal landscape as state legislatures bend to the will of interest groups. Though much of the focus of the discussion on HR 1161 has been about direct shipping, consumer choice and the fundamental interests of state alcohol laws, we often overlook the potential impacts on imported beverage alcohol products. The window opened for consumers to obtain that rare direct shipped domestic wine remains for the most part closed to imports. The wholesalers bill would encourage states to discriminate in new ways, perhaps directed at non resident suppliers. In a world that isn't flat marketplace American exports could encounter retaliation as supplier nations response to the "state based foreign policy" of HR 1161.

]]> http://shipcompliantblog.com/blog/2011/04/21/what-scholars-have-to-say-about-the-care-bill/comment-page-1/#comment-502202 R. Corbin Houchins Fri, 22 Apr 2011 17:19:39 +0000 http://shipcompliantblog.com/blog/?p=1016#comment-502202 It's highly useful to add the competition policy perspective, especially with such clarity. Scholarly observations were significant in Granholm, and I hope they will prove weighty in the legislative battle. I also share Cary Greene's admiration for Wendell Lee's magisterial blog (below). One technical wrinkle I missed in my blog relates to Cary's prediction of proliferating litigation: The bill's partial give-back of Commerce Clause protection is to "producers," an undefined term. Under TTB interpretation of other Title 27 provisions, a winery is not necessarily the producer of wine it bottles and sells under its brand name. That leads to the anomaly of valid facial discrimination against blends of bulked-in wines, but not against seller-crushed products --a distinction with fine potential for makework adjudication. It's highly useful to add the competition policy perspective, especially with such clarity. Scholarly observations were significant in Granholm, and I hope they will prove weighty in the legislative battle. I also share Cary Greene's admiration for Wendell Lee's magisterial blog (below). One technical wrinkle I missed in my blog relates to Cary's prediction of proliferating litigation: The bill's partial give-back of Commerce Clause protection is to "producers," an undefined term. Under TTB interpretation of other Title 27 provisions, a winery is not necessarily the producer of wine it bottles and sells under its brand name. That leads to the anomaly of valid facial discrimination against blends of bulked-in wines, but not against seller-crushed products –a distinction with fine potential for makework adjudication.

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