US to impose 25% tariff on European wine, cheese, etc.

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D@vid Bu3ker
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Re: US to impose 25% tariff on European wine, cheese, etc.

#551 Post by D@vid Bu3ker » December 3rd, 2019, 7:58 am

Well, well...see the attached release that has the proposed listing...

https://ustr.gov/sites/default/files/No ... es_Tax.pdf

The only code related to wine is sparking, so it's just bubbles getting the 100%.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#552 Post by D@vid Bu3ker » December 3rd, 2019, 8:01 am

Important info:

The Office of the United States Trade Representative (USTR) seeks comments on this proposed action, as well as on other options including the imposition of fees or restrictions on services of
France. The interagency Section 301 Committee will hold a public hearing in connection with the action to be taken under Section 301.

DATES: To be assured of consideration, the following schedule applies:

December 30, 2019: Due date for submission of a request to appear at the public hearing and a summary of testimony.

January 6, 2020: Due date for written comments.

January 7, 2020: The Section 301 Committee will convene a public hearing in the main hearing room of the U.S. International Trade Commission, 500 E Street SW, Washington DC 20436
beginning at 9:30 am.

January 14, 2020: Due date for submission of post-hearing rebuttal comments.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#553 Post by Richard T r i m p i » December 3rd, 2019, 8:08 am

Nola Palomar wrote:
December 3rd, 2019, 6:17 am
Hi Dan, I think everyone is waiting for the HTS codes to see what all is affected. My heart goes out to you.
+1. A dreadful policy with too many direct and indirect casualties, especially to family's and individuals that many on this BB whole-heartedly support and appreciate.

RT

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Re: US to impose 25% tariff on European wine, cheese, etc.

#554 Post by D@vid Bu3ker » December 3rd, 2019, 8:11 am

See below for the only reference to wine in the currently proposed new list of tariff codes:
Capture.JPG
Capture.JPG (6.33 KiB) Viewed 1535 times
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Re: US to impose 25% tariff on European wine, cheese, etc.

#555 Post by jason stein » December 3rd, 2019, 8:12 am

D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
phew!!
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Re: US to impose 25% tariff on European wine, cheese, etc.

#556 Post by Neal.Mollen » December 3rd, 2019, 8:24 am

D@vid Bu3ker wrote:
December 3rd, 2019, 7:58 am
Well, well...see the attached release that has the proposed listing...

https://ustr.gov/sites/default/files/No ... es_Tax.pdf

The only code related to wine is sparking, so it's just bubbles getting the 100%.
Wasn't sparkling wine the only type (from affected areas) that was excluded from the first go-around?
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Re: US to impose 25% tariff on European wine, cheese, etc.

#557 Post by D@vid Bu3ker » December 3rd, 2019, 8:24 am

jason stein wrote:
December 3rd, 2019, 8:12 am
D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
phew!!
How so?
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Re: US to impose 25% tariff on European wine, cheese, etc.

#558 Post by D@vid Bu3ker » December 3rd, 2019, 8:25 am

Neal.Mollen wrote:
December 3rd, 2019, 8:24 am
D@vid Bu3ker wrote:
December 3rd, 2019, 7:58 am
Well, well...see the attached release that has the proposed listing...

https://ustr.gov/sites/default/files/No ... es_Tax.pdf

The only code related to wine is sparking, so it's just bubbles getting the 100%.
Wasn't sparkling wine the only type (from affected areas) that was excluded from the first go-around?
No. Still wine over 14% alcohol was also somehow exempted.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#559 Post by Josh Grossman » December 3rd, 2019, 8:27 am

D@vid Bu3ker wrote:
December 3rd, 2019, 8:25 am
Neal.Mollen wrote:
December 3rd, 2019, 8:24 am
D@vid Bu3ker wrote:
December 3rd, 2019, 7:58 am
Well, well...see the attached release that has the proposed listing...

https://ustr.gov/sites/default/files/No ... es_Tax.pdf

The only code related to wine is sparking, so it's just bubbles getting the 100%.
Wasn't sparkling wine the only type (from affected areas) that was excluded from the first go-around?
No. Still wine over 14% alcohol was also somehow exempted.
Over 14% changes the excise tax rate in Ohio a very slight amount too?

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Re: US to impose 25% tariff on European wine, cheese, etc.

#560 Post by D@vid Bu3ker » December 3rd, 2019, 8:32 am

More importantly it is a different tariff code.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#561 Post by jason stein » December 3rd, 2019, 8:53 am

D@vid Bu3ker wrote:
December 3rd, 2019, 8:24 am
jason stein wrote:
December 3rd, 2019, 8:12 am
D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
phew!!
How so?
I was concerned this would impact still wines as well. Obviously this is not a good thing, but not as bad as I feared.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#562 Post by Chris Foley » December 3rd, 2019, 10:14 am

Total Wine has used this as an excuse to raise prices on much of their Bordeaux, regardless of vintage.
They started with a 25% increase on all 2016s already on the shelf as well as new arrivals.
A week later the increase included 2015 bottles at a somewhat lower percentage, and now includes a majority of wines from 2009 and newer.
I found a few stragglers that weren't affected to put in my flash sale purchase yesterday, but going forward TW will be DTM, since I was almost exclusively shopping in their Bordeaux aisle.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#563 Post by D@vid Bu3ker » December 3rd, 2019, 10:23 am

TW has been dead to me since they came into existence, but that is really sleazy on their part!
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Re: US to impose 25% tariff on European wine, cheese, etc.

#564 Post by Kris Patten » December 3rd, 2019, 10:29 am

D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
Will be interesting to see place of origin in addition to category, as in this case Prosecco and French sparkling would have the biggest tariff effect for US with Cava/Sparkling from Spain also effectible but FOBs are much lower than French and Italian sparkling.

Italy was pretty much spared in the first round.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#565 Post by D@vid Bu3ker » December 3rd, 2019, 10:31 am

Kris Patten wrote:
December 3rd, 2019, 10:29 am
D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
Will be interesting to see place of origin in addition to category, as in this case Prosecco and French sparkling would have the biggest tariff effect for US with Cava/Sparkling from Spain also effectible but FOBs are much lower than French and Italian sparkling.
From the notice (emphasis mine):

"The U.S. Trade Representative proposes action in the form of additional duties of up to 100 percent on products of France to be drawn from the preliminary list in the Annex to this notice."
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Re: US to impose 25% tariff on European wine, cheese, etc.

#566 Post by Kris Patten » December 3rd, 2019, 10:32 am

D@vid Bu3ker wrote:
December 3rd, 2019, 10:31 am
Kris Patten wrote:
December 3rd, 2019, 10:29 am
D@vid Bu3ker wrote:
December 3rd, 2019, 8:11 am
See below for the only reference to wine in the currently proposed new list of tariff codes:

Capture.JPG
Will be interesting to see place of origin in addition to category, as in this case Prosecco and French sparkling would have the biggest tariff effect for US with Cava/Sparkling from Spain also effectible but FOBs are much lower than French and Italian sparkling.
From the notice (emphasis mine):

"The U.S. Trade Representative proposes action in the form of additional duties of up to 100 percent on products of France to be drawn from the preliminary list in the Annex to this notice."
What I get for a quick perusal. I wouldn't be surprised if it was expanded though and new items are added, albeit not at 100%.

I would also like to see a study on tax revenue lost vs. tariffs gained due to tariffs as this unduly punishes State governments while benefitting the Federal government once a sample size is obtained to review, likely 9-12 months
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Re: US to impose 25% tariff on European wine, cheese, etc.

#567 Post by D@vid Bu3ker » December 3rd, 2019, 10:34 am

I would not be shocked to see the list of codes changed, but this is specifically about France's internet services tax, and so adding on other countries would be highly unlikely.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#568 Post by Jay Miller » December 3rd, 2019, 10:49 am

D@vid Bu3ker wrote:
December 3rd, 2019, 10:34 am
I would not be shocked to see the list of codes changed, but this is specifically about France's internet services tax, and so adding on other countries would be highly unlikely.
English sparkling wine has gotten quite good you know.
Ripe fruit isn't necessarily a flaw.

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Re: US to impose 25% tariff on European wine, cheese, etc.

#569 Post by D@vid Bu3ker » December 3rd, 2019, 10:51 am

I do know. And it's not that good.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#570 Post by Jud Reis » December 3rd, 2019, 2:11 pm

Dan - again feel for you. In our experience, Trump tends to make the announcements and then there is a mad scramble by the USTR to figure out how they are going to implement the tariffs. You will not likely get a lot of advanced warning on what is covered and what is not and there will likely be some twists and turns in the “negotiations” before a final resolution. Without getting political, this kind of uncertainty is having a chilling effect on planning for any business involved and is not helping what is otherwise a strong economy.

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Re: US to impose 25% tariff on European wine, cheese, etc.

#571 Post by T Mikula » December 3rd, 2019, 2:28 pm

Chris Foley wrote:
December 3rd, 2019, 10:14 am
Total Wine has used this as an excuse to raise prices on much of their Bordeaux, regardless of vintage.
They started with a 25% increase on all 2016s already on the shelf as well as new arrivals.
A week later the increase included 2015 bottles at a somewhat lower percentage, and now includes a majority of wines from 2009 and newer.
I found a few stragglers that weren't affected to put in my flash sale purchase yesterday, but going forward TW will be DTM, since I was almost exclusively shopping in their Bordeaux aisle.
Interesting that you mention this. I was price comparing 2016 Bordeauxs, and using Total Wine as a benchmark since they usually have the lowest prices. I was surprised to see how much lower my local shop (with Cyber Monday discount) was vs Total Wine. The Total Wine prices, looked off.... now i know why. Shame
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Re: US to impose 25% tariff on European wine, cheese, etc.

#572 Post by D@vid Bu3ker » December 3rd, 2019, 2:33 pm

Jud Reis wrote:
December 3rd, 2019, 2:11 pm
Dan - again feel for you. In our experience, Trump tends to make the announcements and then there is a mad scramble by the USTR to figure out how they are going to implement the tariffs. You will not likely get a lot of advanced warning on what is covered and what is not and there will likely be some twists and turns in the “negotiations” before a final resolution. Without getting political, this kind of uncertainty is having a chilling effect on planning for any business involved and is not helping what is otherwise a strong economy.
That really not right. The preliminary list is already posted to the US Trade Representative web page (I linked it up above), and hearings are already scheduled, with the opportunity to provide testimony. All that info is up above in the thread.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#573 Post by Mark Y » December 3rd, 2019, 3:56 pm

Dan Kravitz wrote:
December 3rd, 2019, 6:02 am
Apparently Mr. Trump is unhappy with French decisions regarding taxes on social media companies, and is now threatening to increase the tariff on French wines from 25% to 100%.
Bye-bye business. I'll miss you.
Wouldn't the tariff affect all importers the same? meaning French wines will cost more, but it won't cost more from importer A than from importer B?

I'm very sorry to hear about impact on your business. I'm just curious why the impact is so dramatic (i.e. loss of business).. or are you saying all french wine importers will lose their business / large amts of money?
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Re: US to impose 25% tariff on European wine, cheese, etc.

#574 Post by D@vid Bu3ker » December 3rd, 2019, 4:05 pm

Anyone who imports French wine is getting screwed. The newly proposed tariffs will only hit French Sparkling Wine (Champagne, Cremant d’Alsace, etc.). I don’t know how much sparkling Dan imports, but I doubt it’s a huge part of his portfolio.

The Terry Theise Champagne portfolio (brought in via Skurnik, and completely comprised of smaller growers) could get destroyed. The big producers (e.g. Veuve, Moët) might decide to slash prices for a while in hopes of waiting out the tariffs, but smaller producers probably cannot do the same.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#575 Post by joeduncan » December 3rd, 2019, 4:13 pm

Mark Y wrote:
December 3rd, 2019, 3:56 pm
Dan Kravitz wrote:
December 3rd, 2019, 6:02 am
Apparently Mr. Trump is unhappy with French decisions regarding taxes on social media companies, and is now threatening to increase the tariff on French wines from 25% to 100%.
Bye-bye business. I'll miss you.
Wouldn't the tariff affect all importers the same? meaning French wines will cost more, but it won't cost more from importer A than from importer B?

I'm very sorry to hear about impact on your business. I'm just curious why the impact is so dramatic (i.e. loss of business).. or are you saying all french wine importers will lose their business / large amts of money?
In the case where Champagne gets hit with a 100% tariff, I won't buy a single bottle, and I suspect others will be the same. That'd hit those businesses pretty hard. Less drastically, the existing 25% tariff is still going to reduce consumer demand drastically.

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Re: US to impose 25% tariff on European wine, cheese, etc.

#576 Post by D@vid Bu3ker » December 3rd, 2019, 4:24 pm

When the big houses slash prices to get within spitting distance of “normal” a lot of people will buy.
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Re: More tariffs?

#577 Post by RichardFlack » December 3rd, 2019, 4:32 pm

Victor Hong wrote:
December 3rd, 2019, 4:04 am
Now, everybody buy a 100-point wine, regardless if good, bad, or undrinkable.
Just curious how many undrinkable 100 pt wines there are ....

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Re: US to impose 25% tariff on European wine, cheese, etc.

#578 Post by Kirk.Grant » December 3rd, 2019, 4:34 pm

joeduncan wrote:
December 3rd, 2019, 4:13 pm
Mark Y wrote:
December 3rd, 2019, 3:56 pm
Dan Kravitz wrote:
December 3rd, 2019, 6:02 am
Apparently Mr. Trump is unhappy with French decisions regarding taxes on social media companies, and is now threatening to increase the tariff on French wines from 25% to 100%.
Bye-bye business. I'll miss you.
Wouldn't the tariff affect all importers the same? meaning French wines will cost more, but it won't cost more from importer A than from importer B?

I'm very sorry to hear about impact on your business. I'm just curious why the impact is so dramatic (i.e. loss of business).. or are you saying all french wine importers will lose their business / large amts of money?
In the case where Champagne gets hit with a 100% tariff, I won't buy a single bottle, and I suspect others will be the same. That'd hit those businesses pretty hard. Less drastically, the existing 25% tariff is still going to reduce consumer demand drastically.

I don't think it will reduce demand. Not with the 2008's and for people that love Champagne. It will however, be a tax on those that do love Champagne.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#579 Post by D@vid Bu3ker » December 3rd, 2019, 4:37 pm

Kirk,

You are likely speaking of a very small slice of the Champagne market. Tons of Champagne is sold to people who will walk away when the bottle price doubles.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#580 Post by Victor Hong » December 3rd, 2019, 4:54 pm

D@vid Bu3ker wrote:
December 3rd, 2019, 4:37 pm
Kirk,

You are likely speaking of a very small slice of the Champagne market. Tons of Champagne is sold to people who will walk away when the bottle price doubles.
Yes, absolutely.
They will likely turn to prosecco, cava, California, etc. sparkling wines.....and may not easily return to Champagne. New habits can be hard to un-do.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#581 Post by Frank Murray III » December 3rd, 2019, 4:59 pm

####! Personally, I don't care about the big houses and aside from the Cristal I own, my entire Champagne inventory is made up of what is mostly small growers. I hate to think of what this may do to them and how they engage the market.

And what about folks like Dan, or Robert Panzer, or Greg, Scott Kulek and the others....what about them? Good people like these caught up in the BS of big egos and money.

Of note, about 2/3rds of my wine spending is squarely on Champagne. If prices double, then I pause to think about how that affects me, too.
My WOTY candidates for 2019:
2014 Marie Courtin Eloquence BdB Extra Brut
2017 Rivers-Marie PN Platt SC
2017 Kutch Pinot Noir SC PN
2009 Roederer Cristal Brut
2017 Carlisle Zin Mancini Ranch RRV

My best wines of 2018:
2017 Kutch Falstaff Sonoma Coast PN
2012 Marguet La Grande Ruelle Ambonnay

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Re: US to impose 25% tariff on European wine, cheese, etc.

#582 Post by Nola Palomar » December 3rd, 2019, 5:05 pm

Frank Murray III wrote:
December 3rd, 2019, 4:59 pm
####! Personally, I don't care about the big houses and aside from the Cristal I own, my entire Champagne inventory is made up of what is mostly small growers. I hate to think of what this may do to them and how they engage the market.

And what about folks like Dan, or Robert Panzer, or Greg, Scott Kulek and the others....what about them? Good people like these caught up in the BS of big egos and money.

Of note, about 2/3rds of my wine spending is squarely on Champagne. If prices double, then I pause to think about how that affects me, too.
Of course. And this could decimate the small growers market.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#583 Post by D@vid Bu3ker » December 3rd, 2019, 5:08 pm

Yes. The small producers and small importers are the most vulnerable. Companies such as Skurnik should consider testifying at the public hearings.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#584 Post by AndrewH » December 3rd, 2019, 5:32 pm

The federal register notice contains proposed codes - all I saw was Champagne and a bunch of cheeses. Plus handbags.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#585 Post by D@vid Bu3ker » December 3rd, 2019, 5:58 pm

As I mentioned above, Sparkling Wine is the only wine category included in the proposed list.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#586 Post by Nola Palomar » December 3rd, 2019, 6:07 pm

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Re: US to impose 25% tariff on European wine, cheese, etc.

#587 Post by D@vid Bu3ker » December 3rd, 2019, 6:11 pm

Although most of those planes will likely be built in Alabama, so it’s not all bad for the USA.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#588 Post by Nola Palomar » December 3rd, 2019, 6:18 pm

D@vid Bu3ker wrote:
December 3rd, 2019, 6:11 pm
Although most of those planes will likely be built in Alabama, so it’s not all bad for the USA.
OMG help me here... We importers are faced with a 25% VAT Tariff because Spain, France and etc provided subsidies to AirBus because they were unfair to Boeing. Boeing produces a plane that crashes over and over. So now the US is buying Airbus planes, but because they are going to be made in Alabama...it's all good????
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Re: US to impose 25% tariff on European wine, cheese, etc.

#589 Post by D@vid Bu3ker » December 3rd, 2019, 6:20 pm

Because they are made in Alabama there are no tariffs on the plane.

Not at all saying that it’s good. It’s just the situation.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#590 Post by Nola Palomar » December 3rd, 2019, 6:29 pm

D@vid Bu3ker wrote:
December 3rd, 2019, 6:20 pm
Because they are made in Alabama there are no tariffs on the plane.

Not at all saying that it’s good. It’s just the situation.
Oh, that's great there is no tariff on the Airbus planes that United is buying, it is total irony that United gets to buy new planes without tariffs that were subsidized by the EU, but because of that subsidy, we importers are paying 25% more for the value of our import products. I mean why not put the tariff on Airbus imports to the US??
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Re: US to impose 25% tariff on European wine, cheese, etc.

#591 Post by D@vid Bu3ker » December 3rd, 2019, 6:31 pm

Tariffs cannot be imposed on specific producers. They are imposed on product categories. That’s the trade structure the entire world follows.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#592 Post by D@vid Bu3ker » December 3rd, 2019, 6:33 pm

Again, I am not saying it’s fair. It’s just the WTO system that everyone works to.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#593 Post by Dan Kravitz » December 3rd, 2019, 6:33 pm

Thanks to all.

If it's only Sparkling Wine, I'm still in business, albeit at a reduced level. If there is a 100% tariff, like with the other wines, the Big Boys will absorb much or most of it, the small growers simply cannot afford to.

IMO Champagne is probably the most profitable wine region in the world by percentage of sales as profit. Yields are very high. Prices are very high. Costs are merely high. The Grand Marques, themselves often parts of multinational luxury goods companies, can afford to absorb much of the tariff. So for a while, Louis Vuitton will subsidize Moet instead of vice-versa. The subtext here is that the artisanal producers will lose market share to the multinationals.

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Re: US to impose 25% tariff on European wine, cheese, etc.

#594 Post by D@vid Bu3ker » December 3rd, 2019, 6:34 pm

Yes. The producers of grower Champagne will be crushed by these tariffs.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#595 Post by Nola Palomar » December 3rd, 2019, 6:35 pm

D@vid Bu3ker wrote:
December 3rd, 2019, 6:31 pm
Tariffs cannot be imposed on specific producers. They are imposed on product categories. That’s the trade structure the entire world follows.
Even though the tariff is specifically related to Airbus? I guess I really just don't get it... I appreciate your expertise and knowledge David!
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Re: US to impose 25% tariff on European wine, cheese, etc.

#596 Post by Victor Hong » December 3rd, 2019, 6:37 pm

Nola Palomar wrote:
December 3rd, 2019, 6:35 pm
D@vid Bu3ker wrote:
December 3rd, 2019, 6:31 pm
Tariffs cannot be imposed on specific producers. They are imposed on product categories. That’s the trade structure the entire world follows.
Even though the tariff is specifically related to Airbus? I guess I really just don't get it... I appreciate your expertise and knowledge David!
A tariff on a specific company would resemble a bill of attainder, which the Constitution prohibits.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#597 Post by D@vid Bu3ker » December 3rd, 2019, 6:40 pm

Also prohibited by international trade rules.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#598 Post by D@vid Bu3ker » December 3rd, 2019, 6:41 pm

Nola Palomar wrote:
December 3rd, 2019, 6:35 pm
D@vid Bu3ker wrote:
December 3rd, 2019, 6:31 pm
Tariffs cannot be imposed on specific producers. They are imposed on product categories. That’s the trade structure the entire world follows.
Even though the tariff is specifically related to Airbus? I guess I really just don't get it... I appreciate your expertise and knowledge David!
Airbus is not the guilty party in this. It is the governments of Spain, England and France (mostly) who improperly subsidized Airbus. That’s why the WTO allowed the US to impose tariffs on goods from those countries.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#599 Post by John Morris » December 3rd, 2019, 7:51 pm

Victor Hong wrote:
December 3rd, 2019, 6:37 pm
Nola Palomar wrote:
December 3rd, 2019, 6:35 pm
D@vid Bu3ker wrote:
December 3rd, 2019, 6:31 pm
Tariffs cannot be imposed on specific producers. They are imposed on product categories. That’s the trade structure the entire world follows.
Even though the tariff is specifically related to Airbus? I guess I really just don't get it... I appreciate your expertise and knowledge David!
A tariff on a specific company would resemble a bill of attainder, which the Constitution prohibits.
That doesn't sound right to me as a matter of Constitutional law. In any event, David is saying Airbus can't be directly targeted because of trade treaties.
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Re: US to impose 25% tariff on European wine, cheese, etc.

#600 Post by D@vid Bu3ker » December 4th, 2019, 4:25 am

It's really not correct (but not worth arguing with Victor), as the imposition of tariffs is not a judicial process in the first place. The US could potentially sanction Airbus, but at present there would be no legal basis to do so. WTO authorized tariffs are really the only option.
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