PRIA, Government Policy, Made Personal

Summary

Goods entered under section 1752 do not have to follow normal customs marking, packaging, or labeling rules while held under that entry. If the goods are entered for consumption under section 1753, customs will not release them until the proper marking, packaging, and labeling requirements are met. If an item fails those labeling or packaging rules, it must be clearly marked before exhibition as not properly labeled or packaged and not for sale. Permit rules under the Federal Alcohol Administration Act and the occupational taxes in Internal Revenue Code chapter 51 are applied without regard to this chapter.

Title 19, §1754

Customs Duties, Source: USLM XML via OLRC

(a)Marking requirements of the customs laws

Articles entered under section 1752 of this title shall not be subject to any marking requirements of the customs laws, except that when any such article is entered for consumption under section 1753 of this title it shall not be released from customs custody until the marking requirements of the customs laws have been complied with.

(b)Packaging, marking, or labeling requirements of the internal-revenue laws or the Federal Alcohol Administration Act

Articles entered under section 1752 of this title shall not be subject to the packaging, marking, or labeling requirements of the internal-revenue laws or of the Federal Alcohol Administration Act [27 U.S.C. 201 et seq.], except that any such article failing to comply with such requirements—

(1)shall be conspicuously marked prior to exhibition “Not labeled or packaged as required by law—not for sale”, and

(2)when entered for consumption under section 1753 of this title, shall not be released from customs custody until such packaging, marking, and labeling requirements have been complied with.

The application of the permit requirements of the Federal Alcohol Administration Act and the occupational taxes prescribed by chapter 51 of the Internal Revenue Code of 1986 shall be determined without regard to this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Alcohol Administration Act, referred to in subsec. (b), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. For complete classification of this Act to the Code, see section 201 of Title 27 and Tables. Chapter 51 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 5001 et seq. of Title 26, Internal Revenue Code.

Amendments

1986—Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

§1754 Marking, Packaging, and Labeling Requirements