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‘‘(2) ALTERATIONS
BY
PERSONS
OTHER
THAN
ORIGINAL MANUFACTURER.—This section shall apply
to articles labeled for export even if the packaging or
the appearance of such packaging to the consumer of
such articles has been modified or altered by a person
other than the original manufacturer so as to remove
or conceal or attempt to remove or conceal (including
by the placement of a sticker over) any export label.
‘‘(3) EXPORTS INCLUDE SHIPMENTS TO PUERTO
RICO.—For purposes of this section, section 5704(d),
section 5761, and such other provisions as the Sec-
retary may specify by regulations, references to expor-
tation shall be treated as including a reference to
shipment to the Commonwealth of Puerto Rico.
‘‘(b) EXPORT LABEL.—For purposes of this section, an
article is labeled for export or contains an export label if
it bears the mark, label, or notice required under section
5704(b).
‘‘(c) CROSS REFERENCES.—
‘‘(1) For exception to this section for personal
use, see section 5761(c).
‘‘(2) For civil penalties related to violations of
this section, see section 5761(c).
‘‘(3) For a criminal penalty applicable to any
violation of this section, see section 5762(b).
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‘‘(4) For forfeiture provisions related to viola-
tions of this section, see section 5761(c).’’.
(b) CLARIFICATION OF REIMPORTATION RULES.—Sec-
tion 5704(d) of such Code (relating to tobacco products and
cigarette papers and tubes exported and returned) is
amended—
(1) by striking ‘‘a manufacturer of’’ and insert-
ing ‘‘the original manufacturer of such’’, and
(2) by inserting ‘‘authorized by such manufac-
turer to receive such articles’’ after ‘‘proprietor of an
export warehouse’’.
(c) REQUIREMENT TO DESTROY FORFEITED TOBACCO
PRODUCTS.—The last sentence of subsection (c) of section
5761 of such Code is amended by striking ‘‘the jurisdiction
of the United States’’ and all that follows through the end
period and inserting ‘‘the jurisdiction of the United States
shall be forfeited to the United States and destroyed. All
vessels, vehicles, and aircraft used in such relanding or in
removing such products, papers, and tubes from the place
where relanded, shall be forfeited to the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect 90 days after the date of the enact-
ment of this Act.
(e) STUDY.—The Secretary of the Treasury shall re-
port to Congress on the impact of requiring export ware-
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houses to be authorized by the original manufacturer to re-
ceive relanded export-labeled cigarettes.
SEC. 4003. TECHNICAL AMENDMENT TO THE BALANCED
BUDGET ACT OF 1997.
(a) IN GENERAL.—Subsection (c) of section 5761 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following: ‘‘This subsection and section 5754
shall not apply to any person who relands or receives to-
bacco products in the quantity allowed entry free of tax and
duty under subchapter IV of chapter 98 of the Harmonized
Tariff Schedule of the United States. No quantity of tobacco
products other than the quantity referred to in the pre-
ceding sentence may be relanded or received as a personal
use quantity.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect as if included in section 9302 of
the Balanced Budget Act of 1997.
SEC. 4004. REQUIREMENTS APPLICABLE TO IMPORTS OF
CERTAIN CIGARETTES.
The Tariff Act of 1930 (19 U.S.C. 1202 et seq.) is
amended by adding at the end the following:
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‘‘TITLE VIII—REQUIREMENTS AP-
PLICABLE 
TO 
IMPORTS 
OF
CERTAIN CIGARETTES
‘‘SEC. 801. DEFINITIONS.
‘‘In this title:
‘‘(1) SECRETARY.—Except as otherwise indi-
cated, the term ‘Secretary’ means the Secretary of the
Treasury.
‘‘(2) PRIMARY PACKAGING.—The term ‘primary
packaging’ refers to the permanent packaging inside
of the innermost cellophane or other transparent
wrapping and labels, if any. Warnings or other state-
ments shall be deemed ‘permanently imprinted’ only
if printed directly on such primary packaging and
not by way of stickers or other similar devices.
‘‘SEC. 802. REQUIREMENTS FOR ENTRY OF CERTAIN CIGA-
RETTES.
‘‘(a) GENERAL RULE.—Except as provided in sub-
section (b), 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 to-
bacco in the manufacture of such cigarettes as de-
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scribed in section 7 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1335a);
‘‘(2) the precise warning statements in the pre-
cise format specified in section 4 of the Federal Ciga-
rette Labeling and Advertising Act (15 U.S.C. 1333)
are permanently imprinted on both—
‘‘(A) the primary packaging of all those
cigarettes; and
‘‘(B) any other pack, box, carton, or con-
tainer 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 ciga-
rettes is in compliance with respect to those cigarettes
being imported into the United States with a rotation
plan approved by the Federal Trade Commission pur-
suant to section 4(c) of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1333(c));
‘‘(4) if such cigarettes bear a United States
trademark registered for such cigarettes, the owner of
such United States trademark registration for ciga-
rettes (or a person authorized to act on behalf of such
owner) has consented to the importation of such ciga-
rettes into the United States; and
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‘‘(5) the importer has submitted at the time of
entry all of the certificates described in subsection (c).
‘‘(b) EXEMPTIONS.—Cigarettes satisfying the condi-
tions of any of the following paragraphs shall not be subject
to the requirements of subsection (a):
‘‘(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 Har-
monized 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 anal-
ysis in quantities suitable for such purpose, but only
if the importer submits at the time of entry a certifi-
cate signed, under penalties of perjury, by the con-
signee (or a person authorized by such consignee) pro-
viding 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 re-
search and stating that such cigarettes will be used
solely for analysis and will not be sold in domestic
commerce in the United States.
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‘‘(3) CIGARETTES INTENDED FOR NONCOMMER-
CIAL
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 ciga-
rettes into the United States; and
‘‘(B) for which the importer submits a cer-
tificate signed by the manufacturer or export
warehouse (or a person authorized by such man-
ufacturer or export warehouse) to which such
cigarettes are to be delivered (as provided in sub-
paragraph (A)) stating, under penalties of per-
jury, with respect to those cigarettes, that it will
not distribute those cigarettes into domestic com-
merce 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 the
Internal Revenue Code of 1986.
For purposes of this section, a trademark is registered in
the United States if it is registered in the Patent and
Trademark Office under the provisions of title I of the Act
of July 5, 1946 (popularly known as the ‘Trademark Act
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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 CIGA-
RETTE 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) are—
‘‘(1) a certificate signed by the manufacturer of
such cigarettes or an authorized official of such man-
ufacturer stating under penalties of perjury, with re-
spect 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
7 of the Federal Cigarette Labeling and Advertising
Act (15 U.S.C. 1335a);
‘‘(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 4 of the Fed-
eral Cigarette Labeling and Advertising Act (15
U.S.C. 1333) are permanently imprinted on
both—