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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 ciga-
rettes 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 7 of the Federal Cigarette La-
beling 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 Cig-
arette 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;
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‘‘(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 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
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).
‘‘(b) EXEMPTIONS.—Cigarettes satisfying the condi-
tions of any of the following paragraphs shall not be sub-
ject 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.
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‘‘(2) CIGARETTES IMPORTED INTO THE UNITED
STATES
FOR
ANALYSIS.—Cigarettes that are im-
ported 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 con-
signee) providing such facts as may be required by
the Secretary to establish that such consignee is a
manufacturer of cigarettes, a Federal or State gov-
ernment agency, a university, or is otherwise en-
gaged 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 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 cigarettes 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
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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 para-
graphs (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 United States
Patent and Trademark Office under the provisions of title
I of the Act of July 5, 1946 (popularly known as the
‘Trademark Act of 1946’), and a copy of the certificate
of registration of such mark has been filed with the Sec-
retary. The Secretary shall make available to interested
parties a current list of the marks so filed.
‘‘(c) CUSTOMS CERTIFICATIONS REQUIRED FOR CIG-
ARETTE IMPORTS.—The certificates that must be sub-
mitted 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
manufacturer stating under penalties of perjury,
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with respect to those cigarettes, that such manufac-
turer has timely submitted, and will continue to sub-
mit timely, to the Secretary of Health and Human
Services the ingredient reporting information re-
quired by section 7 of the Federal Cigarette Label-
ing 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—
‘‘(i) the primary packaging of all
those cigarettes; and
‘‘(ii) any other pack, box, carton, or
container of any kind in which those ciga-
rettes are to be offered for sale or other-
wise 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 4(c) of the
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Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1333(c)); and
‘‘(3)(A) if such cigarettes bear a United States
trademark registered for cigarettes, a certificate
signed by the owner of such United States trade-
mark registration for cigarettes (or a person author-
ized to act on behalf of such owner) stating under
penalties of perjury that such owner (or authorized
person) consents to the importation of such ciga-
rettes 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 submis-
sion 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 elec-
tronic submissions.
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‘‘SEC. 803. ENFORCEMENT.
‘‘(a) CIVIL PENALTY.—Any person who violates a
provision of section 802 shall, in addition to the tax and
any other penalty provided by law, be liable for a civil pen-
alty for each violation equal to the greater of $1,000 or
5 times the amount of the tax imposed by chapter 52 of
the Internal Revenue Code of 1986 on all cigarettes that
are the subject of such violation.
‘‘(b) FORFEITURES.—Any tobacco product, cigarette
papers, or tube that was imported into the United States
or is sought to be imported into the United States in viola-
tion of, or without meeting the requirements of, section
802 shall be forfeited to the United States. Notwith-
standing any other provision of law, any product forfeited
to the United States pursuant to this title shall be de-
stroyed.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect 30 days after the date of
the enactment of this Act.
Æ