§1681a — Title 19 Customs Duties | U.S. Code

Summary

Cigarettes and smokeless tobacco can only be brought into the United States if five rules are followed. First, the original maker must have filed, or promised to file on time, the ingredient lists with the Department of Health and Human Services. Second, the exact required warning labels must be permanently printed on the product’s main package and on any box, carton, or container used to sell or give the product to consumers. Third, the maker or importer must follow a rotation plan approved by the Federal Trade Commission. Fourth, if the product uses a U.S. trademark registered for cigarettes or smokeless tobacco, the trademark owner (or someone they authorize) must agree to the import. Fifth, the importer must give certain certificates when the goods enter the country. Some imports do not have to meet those five rules. Personal-use amounts that enter duty-free under subchapter IV of chapter 98 of the Harmonized Tariff Schedule are exempt (but not delivery sales). Products sent only for testing are exempt if the importer gives a sworn certificate showing the consignee is a manufacturer, a government agency, a university, or a bona fide researcher and the items will not be sold in the U.S. Also exempt are products where the U.S. trademark owner has consented and the importer provides a sworn promise from the receiving manufacturer or export warehouse that they will not sell the products in U.S. commerce until the ingredient reports, warning labels, FTC rotation plan, and any required tax steps (including those in section 5754(a)(1)(B) and (C) of title 26) are completed. The required entry certificates are: a sworn manufacturer statement about filing ingredient reports; a sworn importer statement about the permanent warnings and the FTC rotation plan; and, if a U.S. cigarette trademark is used, a sworn consent from the trademark owner plus a sworn importer statement that the consent is real and still in effect. A State attorney general can request copies of these certificates from the federal agency or directly from the importer or manufacturer.

Title 19, §1681a

Customs Duties — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), cigarettes or smokeless tobacco products may be imported into the United States only if—

(1)the original manufacturer of those cigarettes or smokeless tobacco products 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 or smokeless tobacco products as described in section 1335a of title 15 or section 4403 of title 15, as the case may be;

(2)the precise warning statements in the precise format specified in section 1333 of title 15 or section 4402 of title 15, as the case may be, are permanently imprinted on both—

(A)the primary packaging of all those cigarettes or smokeless tobacco products; and

(B)any other pack, box, carton, or container of any kind in which those cigarettes or smokeless tobacco products are to be offered for sale or otherwise distributed to consumers;

(3)the manufacturer or importer of those cigarettes or smokeless tobacco products is in compliance with respect to those cigarettes or smokeless tobacco products being imported into the United States with a rotation plan approved by the Federal Trade Commission pursuant to section 1333(c) 11 See References in Text note below. of title 15 or section 4402(d) 1 of title 15, as the case may be;

(4)if such cigarettes or smokeless tobacco products bear a United States trademark registered for such cigarettes or smokeless tobacco products, the owner of such United States trademark registration for cigarettes or smokeless tobacco products (or a person authorized to act on behalf of such owner) has consented to the importation of such cigarettes or smokeless tobacco products into the United States; and

(5)the importer has submitted at the time of entry all of the certificates described in subsection (c).

(b)Cigarettes or smokeless tobacco products satisfying the conditions of any of the following paragraphs shall not be subject to the requirements of subsection (a):

(1)Cigarettes or smokeless tobacco products 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. The preceding sentence shall not apply to any cigarettes or smokeless tobacco products sold in connection with a delivery sale.

(2)Cigarettes or smokeless tobacco products 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 or smokeless tobacco products, a Federal or State government agency, a university, or is otherwise engaged in bona fide research and stating that such cigarettes or smokeless tobacco products will be used solely for analysis and will not be sold in domestic commerce in the United States.

(3)Cigarettes or smokeless tobacco products—

(A)for which the owner of such United States trademark registration for cigarettes or smokeless tobacco products (or a person authorized to act on behalf of such owner) has consented to the importation of such cigarettes or smokeless tobacco products 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 or smokeless tobacco products are to be delivered (as provided in subparagraph (A)) stating, under penalties of perjury, with respect to those cigarettes or smokeless tobacco products, that it will not distribute those cigarettes or smokeless tobacco products into domestic commerce unless prior to such distribution all steps have been taken to comply with paragraphs (1), (2), and (3) of subsection (a), and, to the extent applicable, section 5754(a)(1)(B) and (C) of title 26.

(c)The certificates that must be submitted by the importer of cigarettes or smokeless tobacco products at the time of entry in order to comply with subsection (a)(5) are—

(1)a certificate signed by the manufacturer of such cigarettes or smokeless tobacco products or an authorized official of such manufacturer stating under penalties of perjury, with respect to those cigarettes or smokeless tobacco products, 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 or section 4403 of title 15, as the case may be;

(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 or section 4402 of title 15, as the case may be, are permanently imprinted on both—

(i)the primary packaging of all those cigarettes or smokeless tobacco products; and

(ii)any other pack, box, carton, or container of any kind in which those cigarettes or smokeless tobacco products are to be offered for sale or otherwise distributed to consumers; and

(B)with respect to those cigarettes or smokeless tobacco products 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) 1 of title 15 or section 4402(d) 1 of title 15, as the case may be; and

(3)(A)if such cigarettes or smokeless tobacco products bear a United States trademark registered for cigarettes or smokeless tobacco products, a certificate signed by the owner of such United States trademark registration for cigarettes or smokeless tobacco products (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 or smokeless tobacco products 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.

(d)A State, through its Attorney General, shall be entitled to obtain copies of any certification required under subsection (c) directly—

(1)upon request to the agency of the United States responsible for collecting such certification; or

(2)upon request to the importer, manufacturer, or authorized official of such importer or manufacturer.

Notes & Related Subsidiaries

Editorial Notes

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, also popularly known as the Lanham Act. Title I of the Act is classified generally to subchapter I (§ 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 1333 and 4402 of title 15, referred to in subsecs. (a)(3) and (c)(2)(B), were amended by Pub. L. 111–31, div. A, title II, §§ 201(a), 202(b), 204(a), 205(a), 206,

June 22, 2009, 123 Stat. 1842, 1845, 1846, 1848, 1849, and, as so amended, section 1333(c) and 4402(d) no longer relate to the Federal Trade Commission’s approval of a rotation plan. Codification Another section 802 of act

June 17, 1930, is classified to section 1683 of this title.

Amendments

2006—Pub. L. 109–432, § 401(e)(4)(B), inserted “and smokeless tobacco products” after “cigarettes” in section catchline. Subsec. (a). Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in introductory provisions. Subsec. (a)(1). Pub. L. 109–432, § 401(e)(2)(A)(i), inserted “or section 4403 of title 15, as the case may be” after “section 1335a of title 15”. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places. Subsec. (a)(2). Pub. L. 109–432, § 401(e)(2)(A)(ii), inserted “or section 4402 of title 15, as the case may be,” after “section 1333 of title 15” in introductory provisions. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in subpars. (A) and (B). Subsec. (a)(3). Pub. L. 109–432, § 401(e)(2)(A)(iii), inserted “or section 4402(d) of title 15, as the case may be” after “section 1333(c) of title 15”. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places. Subsec. (a)(4). Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” wherever appearing. Subsec. (b). Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” in introductory provisions, to reflect the probable intent of Congress. Subsec. (b)(1). Pub. L. 109–432, § 401(e)(2)(B)(i), inserted “or smokeless tobacco products” after “cigarettes” in heading. Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” in subsec. (b)(1), to reflect the probable intent of Congress. Pub. L. 109–432, § 401(b), inserted at end “The preceding sentence shall not apply to any cigarettes or smokeless tobacco products sold in connection with a delivery sale.” Subsec. (b)(2), (3). Pub. L. 109–432, § 401(e)(2)(B)(ii), inserted “or smokeless tobacco products” after “Cigarettes” in heading. Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” and “cigarettes” wherever appearing, to reflect the probable intent of Congress. Subsec. (c). Pub. L. 109–432, § 401(e)(2)(C)(i), inserted “or smokeless tobacco product” after “cigarette” in heading. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in introductory and concluding provisions. Subsec. (c)(1). Pub. L. 109–432, § 401(e)(2)(C)(ii), inserted “or section 4403 of title 15, as the case may be” after “section 1335a of title 15”. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places. Subsec. (c)(2)(A). Pub. L. 109–432, § 401(e)(2)(C)(iii), inserted “or section 4402 of title 15, as the case may be,” after “section 1333 of title 15” in introductory provisions. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in cls. (i) and (ii). Subsec. (c)(2)(B). Pub. L. 109–432, § 401(e)(2)(C)(iv), inserted “or section 4402(d) of title 15, as the case may be” after “section 1333(c) of title 15”. Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes”. Subsec. (c)(3)(A). Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” wherever appearing. Subsec. (d). Pub. L. 109–432, § 401(c), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–432 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 20, 2006, see section 401(g) of Pub. L. 109–432, set out as a note under section 1681 of this title.

Effective Date

Section effective 30 days after Nov. 9, 2000, see section 4004(b) of Pub. L. 106–476, set out as a note under section 1681 of this title.

§1681a Requirements for Entry of Certain Cigarettes and Smokeless Tobacco Products

Summary

Title 19, §1681a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata