The International Trade commission of the United States of America (U.S) has received a complaint submitted in behalf of Heineken International B.V. in August of 2018. The complaint claims the respondents are in violation of The Tariff Act of 1930 section 337, referring to the importation into, sale for, and sale within post import of specified and defined beverage dispensing systems. Those respondents identified were
- Anheuser-Busch InBev S.A. of Belgium
- InBev Belgium N.V.
- Anheuser-Busch LLC of St. Louis MO
The complaint asks for issuance of a limited exclusion order, cease and desist orders, and bond during the 60 day review period. Proposed respondents, other interested parties and public members are invited to submit comments.
The Commission is interested in comments that
- Explain the use and function in the U.S. domestic market, of the articles potentially subject to the orders
- Identify and define any concerns in the U.S. market regarding public health, safety, or welfare of relevance to these remedial orders and complaints
- Identify substitute competitive articles produced in the United States, that if excluded; could replace subject articles, in regards to the complainant, license holders, or other impacted third parties.
- Determine whether the complainant, its license holders, or third party members have the ability to match the volume of the potential subject articles.
- How the requested remedial orders would impact consumers in the U.S. markets.
In similar complaints such as these, some small business members who had purchased equipment from respondents, have submitted comments on government notices such as these. These notices of complaints can be an opportunity for enterprises to voice concerns into the quality or other reasonable quality expectations of the products they purchased and whether or not, the products were up to standard.
Entrepreneurs entering into franchise agreements with any of the companies involved have an interest into developments that could impede business operations in any way, to accurately judge risk or opportunity.
Many small businesses serve alcohol or use equipment from the companies reference herein, should be up to date on these companies to accurately assist in judging risk or opportunity, in regards to the sustainability of their supply, or equipment.
THIS IS NOT LEGAL ADVICE. THIS IS COMMENTARY ON REGULATION.
Regulations can be a source of opportunity, as they make a major part in the determination of barriers to entry. An industry or practice is difficult to enter if there is a significant amount of regulative procedures and requirements, versus when restrictions are removed an opportunity may be presented. In this way we are doing our small part to encourage an informed people.
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