PUBLIC LAW 106-476—NOV. 9, 2000
114 STAT. 2179
"(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) providing 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 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 NONCOMMERCIAL 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 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 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 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 cigarettes 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 Services the ingredient reporting information required by section
7 of the Federal Cigarette Labeling and Advertising Act (15
U.S.C. 1335a);
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