Spanish wines in the U.S.: import arrangements for investors

Original article: July 29, 2024 · Gowper Media

Connect the investment to the route to market.

If a Spanish winery investment includes sales to the United States, define the commercial arrangement before relying on a market opportunity. Identify the producer, importer, distributor and intended sales territory.

Consider the importer’s role.

TTB’s guidance explains the federal importer’s permit process and the option of contracting with an existing licensed U.S. importer. The appropriate arrangement depends on how the business will operate.

Ask who will maintain the relevant applications and records, who will handle labeling questions and how those responsibilities will be reflected in the commercial documents.

Address labeling and other requirements.

TTB’s guidance also covers certificate of label approval requirements and directs businesses to other federal and state requirements. Treat the federal permit, labeling and distribution arrangements as distinct questions to review.

Make the contract part of the plan.

• Who appoints the importer and distributor?
• Which products and territories are covered?
• What are the payment, delivery and exclusivity terms?
• How will the parties deal with termination or a change of partner?

Use current evidence for market decisions.

This revision does not repeat the original article’s unsourced market-share rankings or broad claims about profitability. Legal preparation and commercial market research serve different purposes; each should be supported by the evidence relevant to the decision.

General information only. This page does not replace advice on a specific transaction.