TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-409 

________________________________________________________________________ 

TRADE 

Distinctive Products

 Agreement Between the 

UNITED STATES OF AMERICA 

and BRAZIL 

Effected by Exchange of Letters at 

Washington April 9, 2012 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
BRAZIL 

Trade: Distinctive Products 

 Agreement effected by exchange of letters 

 at Washington April 9, 2012; 

 Entered into force April 9, 2012. 
EXECUTIVE OFFICE OF THE PRESIDENT

THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 9, 2012

His Excellency Fernando Damata Pimentel

Minister of Development, Industry and Foreign Trade

Gabinete de Ministro

Esplanada dos Ministerios, Bloco J, 6° andar

CEP 70053-900

Brasilia — DF — Brazil

Dear Minister:

I have the honor to confirm the following understandings reached between representatives of the

Government of the United States of America and the Government of the Federative Republic of

Brazil (the "Parties") regarding certain distinctive products:

A. The United States shall endeavor to publish a Notice of Proposed Rulemaking in which

it will propose to promulgate a regulation or regulations that would provide that

Cachaca is a type of rum that is a distinctive product of Brazil, and that the sale in the

United States of any product as Cache:ca is not permitted unless it has been

manufactured in Brazil in accordance with the laws and regulations of Brazil

governing the manufacture of Cachaca. The Notice of Proposed Rulemaking would

further propose that Cachaca need not be labeled as "rum." The Parties note the

following difference in their respective classifications of Cachaca: the United States

proposes to classify Cachaca as a type of rum, whereas, according to Brazilian law,

Cachaca is a type of Aguardente de Cana.

B. If, following the publication of the Notice of Proposed Rulemaking, the United States

publishes a Final Rule announcing that it will promulgate a regulation or regulations

of the type referred to in Paragraph A, Brazil shall, within thirty (30) days thereafter,

recognize Bourbon Whiskey and Tennessee Whiskey, the latter being a straight

Bourbon Whiskey authorized to be produced only in the State of Tennessee, as

distinctive products of the United States. In accordance with such recognition, Brazil

shall not permit the sale in Brazil of any product as Bourbon Whiskey or Tennessee

Whiskey, unless it has been manufactured in the United States in accordance with the

laws and regulations of the United States governing the manufacture of Bourbon

Whiskey and Tennessee Whiskey. (This Paragraph also applies to these products when

they are spelled as "Bourbon Whisky" or "Tennessee Whisky.")
C. I have the honor to propose that this letter, and your letter in reply confirming that

your Government shares these understandings, shall together constitute an agreement

between our two Governments, to enter into force on April 9, 2012.

 16C

AMBASSADOR RON KIRK

United States Trade Representative

Sincerely,
April 9, 2012

The Honorable Ron Kirk

United States Trade Representative

600 17th Street, NW

Washington, DC 20508

Dear Ambassador Kirk:

I have the honor to refer to your letter of April 9, 2012, which reads as

follows:

I have the honor to confirm the following understandings reached

between representatives of the Government of the United States of America and the

Government of the Federative Republic of Brazil (the "Parties') regarding certain

distinctive products:

A. The United States shall endeavor to publish a Notice of Proposed

Rulemaking in which it will propose to promulgate a regulation

or regulations that would provide that Cachaca is a type of rum

that is a distinctive product of Brazil, and that the sale in the

United States of any product as Cachaca is not permitted, unless

it has been manufactured in Brazil in accordance with the laws

and regulations of Brazil governing the manufacture of Cachaca.

The Notice of Proposed Rulemaking would further propose that

Cachaca need not be labeled as "rum." The Parties note the

following difference in their respective classifications of

Cachaca: the United States proposes to classify Cachava as a

type of rum, whereas, according to Brazilian law, Cachaca is a

type of Aguardente de Cana.
Fernando Damata Pim tel

B. If following the publication of the Notice of Proposed

Rulemaking, the United States publishes a Final Rule

announcing that it will promulgate a regulation or regulations of

the type referred to in Paragraph A, Brazil shall, within thirty

(30) days thereafter, recognize Bourbon Whiskey and Tennessee

Whiskey, the latter being a straight Bourbon Whiskey authorized

to be produced only in the State of Tennessee, as distinctive

products of the United States. In accordance with such

recognition, Brazil shall not permit the sale in Brazil of any

product as Bourbon Whiskey or Tennessee Whiskey, unless it has

been manufactured in the United States in accordance with the

laws and regulations of the United States governing the

manufacture of Bourbon Whiskey and Tennessee Whiskey. (This

Paragraph also applies to these products when they are spelled

as "Bourbon Whisky" or "Tennessee Whisky.")

C. I have the honor to propose that this letter, and your letter in reply

confirming that your Government shares these understandings,

shall together constitute an agreement between our two

Governments, to enter into force on April 9, 2012.

I have the honor to confirm that my Government shares the understandings

expressed in your letter and that your letter and this reply shall together constitute an

agreement between our two Governments, to enter into force on April 9, 2012.

Sincerely,

Minister of Development, Industry and Foreign Trade