H. R. 4868—78
(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.
(a) IN GENERAL.—The Tariff Act of 1930 (19 U.S.C. 1202 et
seq.) is amended by adding at the end the following:
‘‘TITLE VIII—REQUIREMENTS APPLICA-
BLE TO IMPORTS OF CERTAIN CIGA-
RETTES
‘‘SEC. 801. DEFINITIONS.
‘‘In this title:
‘‘(1) SECRETARY.—Except as otherwise indicated, 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 statements 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 CIGARETTES.
‘‘(a) GENERAL RULE.—Except as provided in subsection (b), ciga-
rettes 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 ingredi-
ents added to the tobacco in the manufacture of such cigarettes
as described in section 7 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1335a);
‘‘(2) the precise warning statements in the precise format
specified in section 4 of the Federal Cigarette 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 container 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 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 Fed-
eral 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).
H. R. 4868—79
‘‘(b) EXEMPTIONS.—Cigarettes satisfying the conditions 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 Harmonized 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 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) pro-
viding such facts as may be required by the Secretary to estab-
lish that such consignee is a manufacturer of cigarettes, a
Federal or State government agency, a university, or is other-
wise engaged in bona fide research and stating that such ciga-
rettes will be used solely for analysis and will not be sold
in domestic commerce in the United States.
‘‘(3) CIGARETTES
INTENDED
FOR
NONCOMMERCIAL
USE,
REEXPORT, OR REPACKAGING.—Cigarettes—
‘‘(A) for which the owner of such United States trade-
mark 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 certificate signed
by the manufacturer or export warehouse (or a person
authorized by such 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 Secretary. The Secretary shall make available
to interested parties a current list of the marks so filed.
‘‘(c) CUSTOMS
CERTIFICATIONS
REQUIRED
FOR
CIGARETTE
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 ciga-
rettes or an authorized official of such manufacturer stating
under penalties of perjury, with respect to those cigarettes,
that such manufacturer has timely submitted, and will continue
to submit timely, to the Secretary of Health and Human Serv-
ices the ingredient reporting information required by section
7 of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1335a);
H. R. 4868—80
‘‘(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 Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1333) are perma-
nently 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 cigarettes are to be offered
for sale or otherwise 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 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 trademark registration for cigarettes (or
a person authorized to act on behalf of such owner) stating
under penalties of perjury that such owner (or authorized per-
son) consents to the importation of such cigarettes 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 submission 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 electronic
submissions.
‘‘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 penalty 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 violation of, or without
meeting the requirements of, section 802 shall be forfeited to the
United States. Notwithstanding any other provision of law, any
product forfeited to the United States pursuant to this title shall
be destroyed.’’.
H. R. 4868—81
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect 30 days after the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.