26 U.S. Code § 5754 - Restriction on importation of previously exported tobacco products
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(a) Export-labeled tobacco products
(1) In general
Tobacco products and cigarette papers and tubes manufactured in the United States and labeled for exportation under this chapter—
(A) may be transferred to or removed from the premises of a manufacturer or an export warehouse proprietor only if such articles are being transferred or removed without tax in accordance with section 5704;
(B) may be imported or brought into the United States, after their exportation, only if such articles either are eligible to be released from customs custody with the partial duty exemption provided in section 5704 (d) or are returned to the original manufacturer of such article as provided in section 5704 (c); and
(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.
(b) Export label
(c) Cross references
Source(Added Pub. L. 105–33, title IX, § 9302(h)(1)(E)(i),Aug. 5, 1997, 111 Stat. 673; amended Pub. L. 106–476, title IV, § 4002(a),Nov. 9, 2000, 114 Stat. 2176; Pub. L. 109–432, div. C, title IV, § 401(f)(2)(B),Dec. 20, 2006, 120 Stat. 3050.)
2006—Subsec. (c)(1). Pub. L. 109–432substituted “5761(d)” for “5761(c)”.
2000—Pub. L. 106–476reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows:
“(a) In General.—Tobacco products and cigarette papers and tubes previously exported from the United States may be imported or brought into the United States only as provided in section 5704 (d). For purposes of this section, section 5704 (d), section 5761, and such other provisions as the Secretary may specify by regulations, references to exportation shall be treated as including a reference to shipment to the Commonwealth of Puerto Rico.
“(b) Cross Reference.—
“For penalty for the sale of tobacco products and cigarette papers and tubes in the United States which are labeled for export, see section 5761 (c).”
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–432applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 20, 2006, see section 401(g) ofPub. L. 109–432, set out as a note under section 1681 of Title 19, Customs Duties.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–476effective 90 days after Nov. 9, 2000, see section 4002(d) ofPub. L. 106–476, set out as a note under section 5704 of this title.
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