I 
109TH CONGRESS 
1ST SESSION H. R. 4281 
To amend the Tariff Act of 1930 and the Internal Revenue Code of 1986 
relating to importation of tobacco products. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2005 
Mr. NUNES introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend the Tariff Act of 1930 and the Internal Revenue 
Code of 1986 relating to importation of tobacco products. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. COMPLIANCE WITH TARIFF ACT OF 1930. 
(a) DEFINITIONS.—Section 801 of the Tariff Act of 
1930 (19 U.S.C. 1681) is amended by adding at the end 
the following: 
‘‘(3) DELIVERY SALE.—The term ‘delivery sale’ 
means any sale of cigarettes or a smokeless tobacco 
product to a consumer if—
‘‘(A) the consumer submits the order for 
such sale by means of a telephone or other 
method of voice transmission, the mail, or the 
Internet or other online service, or the seller is 
otherwise not in the physical presence of the 
buyer when the request for purchase or order is 
made; or 
‘‘(B) the cigarettes or smokeless tobacco 
product is delivered by use of a common carrier, 
private delivery service, or the mail, or the sell-
er is not in the physical presence of the buyer 
when the buyer obtains personal possession of 
the delivered cigarettes or smokeless tobacco 
product. 
‘‘(4) INDIAN TRIBE.—The terms ‘Indian tribe’ 
and ‘tribal’ refer to an Indian tribe as defined in the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)) or as listed pursuant to sec-
tion 104 of the Federally Recognized Indian Tribe 
List Act of 1994 (25 U.S.C. 479a–1).’’. 
(b) INAPPLICABILITY OF EXEMPTIONS FROM RE-
QUIREMENTS FOR ENTRY OF CERTAIN CIGARETTES AND 
SMOKELESS TOBACCO PRODUCTS.—Section 802(b)(1) of 
the Tariff Act of 1930 (19 U.S.C. 1681a(b)(1)) is amend-
ed by adding at the end the following new sentence: ‘‘The
preceding sentence shall not apply to any cigarettes or 
smokeless tobacco products sold in connection with a deliv-
ery sale.’’. 
(c) STATE ACCESS TO CUSTOMS CERTIFICATIONS.— 
Section 802 of that Act is further amended by adding at 
the end the following new subsection: 
‘‘(d) 
STATE
ACCESS
TO
CUSTOMS
CERTIFI-
CATIONS.—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, manufac-
turer, or authorized official of such importer or 
manufacturer.’’. 
(d) ENFORCEMENT PROVISIONS.—Section 803 of 
that Act (19 U.S.C. 1681b) is amended— 
(1) in subsection (b)— 
(A) in the first sentence, by inserting be-
fore the period the following: ‘‘, or to any State 
in which such tobacco product, cigarette papers, 
or tube is found’’; and 
(B) in the second sentence, by inserting ‘‘, 
or to any State,’’ after ‘‘the United States’’; 
and
(2) by adding at the end the following new sub-
section: 
‘‘(c) ACTIONS BY STATES AND OTHERS.— 
‘‘(1) IN GENERAL.—Any person who holds a 
permit under chapter 52 of the Internal Revenue 
Code of 1986 may bring an action in the United 
States district courts against any person, other than 
a State, local, or tribal government, to prevent and 
restrain violations of this title— 
‘‘(A) by that person; or 
‘‘(B) by another person controlled by that 
person. 
‘‘(2) RELIEF FOR STATE AND LOCAL GOVERN-
MENTS.—A State, acting through its attorney gen-
eral, or a local government, acting through its chief 
law enforcement officer (or a designee thereof), may 
bring a civil action under this title against any per-
son— 
‘‘(A) to prevent and restrain violations of 
this title— 
‘‘(i) by that person; or 
‘‘(ii) by another person controlled by 
that person; or 
‘‘(B) to obtain any other appropriate relief 
for violations of this title—