120 STAT. 3048
PUBLIC LAW 109–432—DEC. 20, 2006
presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.’’. (b) INAPPLICABILITY OF EXEMPTIONS FROM REQUIREMENTS 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 amended 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 delivery sale.’’. (c) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—Section 802 of the Tariff Act of 1930 (19 U.S.C. 1681a) is amended by adding at the end the following new subsection: ‘‘(d) STATE ACCESS TO CUSTOMS CERTIFICATIONS.—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, manufacturer, or authorized official of such importer or manufacturer.’’. (d) ENFORCEMENT PROVISIONS.—Section 803(b) of the Tariff Act of 1930 (19 U.S.C. 1681b(b)) is amended— (1) in the first sentence, by inserting before the period at the end the following: ‘‘, or to any State in which such tobacco product, cigarette papers, or tube is found’’; and (2) in the second sentence, by inserting ‘‘, or to any State,’’ after ‘‘the United States’’. (e) INCLUSION OF SMOKELESS TOBACCO.— (1) Sections 802 and 803(a) of the Tariff Act of 1930 (19 U.S.C. 1681a and 1681b(a)) (other than the last sentence of section 802(b)(1), as added by subsection (b) of this section) are further amended by inserting ‘‘or smokeless tobacco products’’ after ‘‘cigarettes’’ each place it appears. (2) Section 802 of such Act is further amended— (A) in subsection (a)— (i) in paragraph (1), by inserting ‘‘or section 4 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4403), as the case may be’’ after ‘‘section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a)’’; (ii) in paragraph (2), by inserting ‘‘or section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402), as the case may be,’’ after ‘‘section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333)’’; and (iii) in paragraph (3), by inserting ‘‘or section 3(d) of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (15 U.S.C. 4402(d)), as the case may be’’ after ‘‘section 4(c) of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333(c))’’; (B) in subsection (b)— (i) in the heading of paragraph (1), by inserting ‘‘OR SMOKELESS TOBACCO PRODUCTS’’ after ‘‘CIGARETTES’’; and (ii) in the heading of paragraphs (2) and (3), by inserting ‘‘OR SMOKELESS TOBACCO PRODUCTS’’ after ‘‘CIGARETTES’’; and
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