§ 1681a. — Requirements for entry of certain cigarettes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1681a]
TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE V--REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN CIGARETTES
Sec. 1681a. Requirements for entry of certain cigarettes
(a) General rule
Except as provided in subsection (b) of this section, cigarettes may
be imported into the United States only if--
(1) the original manufacturer of those cigarettes has timely
submitted, or has certified that it will timely submit, to the
Secretary of Health and Human Services the lists of the ingredients
added to the tobacco in the manufacture of such cigarettes as
described in section 1335a of title 15;
(2) the precise warning statements in the precise format
specified in section 1333 of title 15 are permanently imprinted on
both--
(A) the primary packaging of all those cigarettes; and
(B) any other pack, box, carton, or container of any kind in
which those cigarettes are to be offered for sale or otherwise
distributed to consumers;
(3) the manufacturer or importer of those cigarettes is in
compliance with respect to those cigarettes being imported into the
United States with a rotation plan approved by the Federal Trade
Commission pursuant to section 1333(c) of title 15;
(4) if such cigarettes bear a United States trademark registered
for such cigarettes, the owner of such United States trademark
registration for cigarettes (or a person authorized to act on behalf
of such owner) has consented to the importation of such cigarettes
into the United States; and
(5) the importer has submitted at the time of entry all of the
certificates described in subsection (c) of this section.
(b) Exemptions
Cigarettes satisfying the conditions of any of the following
paragraphs shall not be subject to the requirements of subsection (a) of
this section:
(1) Personal-use cigarettes
Cigarettes that are imported into the United States in personal
use quantities that are allowed entry free of tax and duty under
subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the
United States.
(2) Cigarettes imported into the United States for analysis
Cigarettes that are imported into the United States solely for
the purpose of analysis in quantities suitable for such purpose, but
only if the importer submits at the time of entry a certificate
signed, under penalties of perjury, by the consignee (or a person
authorized by such consignee) providing such facts as may be
required by the Secretary to establish that such consignee is a
manufacturer of cigarettes, a Federal or State government agency, a
university, or is otherwise engaged in bona fide research and
stating that such cigarettes will be used solely for analysis and
will not be sold in domestic commerce in the United States.
(3) Cigarettes intended for noncommercial use, reexport, or
repackaging
Cigarettes--
(A) for which the owner of such United States trademark
registration for cigarettes (or a person authorized to act on
behalf of such owner) has consented to the importation of such
cigarettes into the United States; and
(B) for which the importer submits a certificate signed by
the manufacturer or export warehouse (or a person authorized by
such manufacturer or export warehouse) to which such cigarettes
are to be delivered (as provided in subparagraph (A)) stating,
under penalties of perjury, with respect to those cigarettes,
that it will not distribute those cigarettes into domestic
commerce unless prior to such distribution all steps have been
taken to comply with paragraphs (1), (2), and (3) of subsection
(a) of this section, and, to the extent applicable, section
5754(a)(1) (B) and (C) of title 26.
For purposes of this section, a trademark is registered in the United
States if it is registered in the United States Patent and Trademark
Office under the provisions of title I of the Act of July 5, 1946 [15
U.S.C. 1051 et seq.] (popularly known as the ``Trademark Act of 1946''),
and a copy of the certificate of registration of such mark has been
filed with the Secretary. The Secretary shall make available to
interested parties a current list of the marks so filed.
(c) Customs certifications required for cigarette imports
The certificates that must be submitted by the importer of
cigarettes at the time of entry in order to comply with subsection
(a)(5) of this section are--
(1) a certificate signed by the manufacturer of such cigarettes
or an authorized official of such manufacturer stating under
penalties of perjury, with respect to those cigarettes, that such
manufacturer has timely submitted, and will continue to submit
timely, to the Secretary of Health and Human Services the ingredient
reporting information required by section 1335a of title 15;
(2) a certificate signed by such importer or an authorized
official of such importer stating under penalties of perjury that--
(A) the precise warning statements in the precise format
required by section 1333 of title 15 are permanently imprinted
on both--
(i) the primary packaging of all those cigarettes; and
(ii) any other pack, box, carton, or container of any
kind in which those cigarettes are to be offered for sale or
otherwise distributed to consumers; and
(B) with respect to those cigarettes being imported into the
United States, such importer has complied, and will continue to
comply, with a rotation plan approved by the Federal Trade
Commission pursuant to section 1333(c) of title 15; and
(3)(A) if such cigarettes bear a United States trademark
registered for cigarettes, a certificate signed by the owner of such
United States trademark registration for cigarettes (or a person
authorized to act on behalf of such owner) stating under penalties
of perjury that such owner (or authorized person) consents to the
importation of such cigarettes into the United States; and
(B) a certificate signed by the importer or an authorized
official of such importer stating under penalties of perjury that
the consent referred to in subparagraph (A) is accurate, remains in
effect, and has not been withdrawn.
The Secretary may provide by regulation for the submission of
certifications under this section in electronic form if, prior to the
entry of any cigarettes into the United States, the person required to
provide such certifications submits to the Secretary a written
statement, signed under penalties of perjury, verifying the accuracy and
completeness of all information contained in such electronic
submissions.
(June 17, 1930, ch. 497, title VIII, Sec. 802, as added Pub. L. 106-476,
title IV, Sec. 4004(a), Nov. 9, 2000, 114 Stat. 2178.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(1), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
The Trademark Act of 1946, referred to in subsec. (b), is act July
5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the
Lanham Act. Title I of the Act is classified generally to subchapter I
(Sec. 1051 et seq.) of chapter 22 of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title note
set out under section 1051 of Title 15 and Tables.
Section Referred to in Other Sections
This section is referred to in section 1681b of this title.
