G/TBT/W/668  
 
23 July 2019  
(19-4879) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
URUGUAY - ANALYSIS O F IMPORTED PRODUCTS - RESOLUTION OF THE BOARD OF THE 
NATIONAL GRAPE -GROWI NG AND WINE PRODUCTI ON INSTITUTE (INAVI)  OF 
14 FEBRUARY 2019. RESOL UTION OF THE BOARD O F INAVI POSTPONING 
IMPLEMENTATION UNTIL  1 MAY 2019) - EXOGE NOUS WATER IN WINE  
STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 22 July 2019, is being circulated at the request of the delegation 
of the United States . 
 
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1.  The Unite d States thanks  Uruguay for notifying its Resolution on Analytical Specifications Related 
to Exogenous Water in Imported Wine Products to the WTO TBT Committee on 14 March  2019, as 
G/TBT/N/URY/27 , and its subsequent revision on 25 March 2019, as G/TBT/N/URY/27/Rev.1 . 
2.  We recognize Uruguay's delayed entry into force of this measure from 1 March 2019 to 
1 June 2019, but the United States continues to have strong objections to the Resolution and finds 
the delay inadequate for exporters to adjust to new requirements, partic ularly when those 
requirements remain unclear.  
3.  The United States thanks Uruguay for its 13 May 2019, response to our TBT comments. However, 
several concerns and questions remain.  
4.  Uruguay indicates in its TBT notification that the objective of this measure is the "Prevention of 
deceptive practices and consumer protection. " The United States maintains that the Resolution 
continues to raise questions regarding its consistency with Uruguay's WTO obligations, such as 
whether it is more trade -restrictive than nec essary to fulfill a legitimate objective under Article 2.2 
of the WTO Agreement on Technical Barriers to Trade. The United States would appreciate a clear 
explanation of how a prohibition on imported wine containing "exogenous water " furthers Uruguay's 
objective.  
5.  Does Uruguay believe that wine quality cannot be assured in cases where very limited amounts 
of water are used in winemaking? What information is Uruguay using as the basis for this concept?  
6.  Our TBT comments raise questions about the definition of exogenous water and whether Uruguay 
would consider U.S. winemakers' technical use of water in accordance with U.S. law to be exogenous. 
A clear definition of the term is necessary in order for trading partners to know if wine exports from 
their markets are  affected by this measure.  
7.  Uruguay's notification references the International Organization for Standardization (ISO) 
product code 67.160.10. This ISO product code refers to all alcoholic beverages, including beer, 
wine, spirits, etc. Would Uruguay please define the scope of products subject to this Resolution?  
8.  We understand Uruguay's 13 May response to U.S. comments to indicate that Uruguay objects 
to the establishment of tolerances that allow for a maximum amount of water because the existence 
of a tolera nce could allow winemakers to use the existence of a tolerance as an economic tool.  G/TBT/W/668  
 
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  9.  The U.S. does not allow the addition of water to increase the volume of wine. However, where 
water is added to facilitate the solution or dispersal of a material, the volu me of water added, 
whether the material is used singly or in combination with other water based treating materials, may 
not total more than one percent of the volume of the treated wine, juice or both wine and juice from 
which such wine is produced. We und erstand that Uruguay intends to require the U.S. to comply 
with this measure while not requiring compliance from other countries, which allow for water 
additions but do not set an upper limit. Can Uruguay please explain its rationale for this distinction?  
10.  In its 13 May 2019 response to our TBT comments, Uruguay indicated that a certificate from 
the competent authority would be required. The United States notes that the U.S. competent 
authority for alcoholic beverages, the U.S. Department of the Treasury's A lcohol and Tobacco Tax 
and Trade Bureau (TTB), does not issue certificates related to water content in wine. Furthermore, 
we understand that to evaluate the results of the oxygen isotope analysis required by Uruguay, a 
robust database of values in the coun try of export is required. Neither the U.S. government nor U.S. 
industry is aware of an adequate database of wine values that takes into account vintage, varietal, 
appellation of origin or age of U.S. vines. The United States asks Uruguay to reconsider thi s 
certification requirement entirely, including whether such a certificate would be issued by the 
competent authority or industry.  
11.  As set out in our comments on Uruguay's revised notification, we would also like to remind 
Uruguay of its commitments as a WW TG Member and, thus, a Party to the WWTG Agreement on 
Mutual Acceptance of Oenological Practices (MAA), which entered into force, for Uruguay, on 
1 May 2018. According to MAA Articles 5(2) and 5(4), Uruguay's new requirement should not apply 
to wine import s from the eight other WWTG Members: Argentina, Australia, Canada, Chile, Georgia, 
New Zealand, South Africa, and the United States.  
12.  We thank you for your consideration of these concerns and look forward to discussing this 
further.  
 
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