Page:United States Statutes at Large Volume 114 Part 4.djvu/116

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114 STAT. 2178 PUBLIC LAW 106-476—NOV. 9, 2000 26 USC 5761 (b) EFFECTIVE DATE.—The amendment made by this section note. 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 19 USC 1681. "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. 19 USC 1681a. "SEC. 802. REQUIREMENTS FOR ENTRY OF CERTAIN CIGARETTES. "(a) GENERAL RULE. —Except as provided in subsection (b), cigarettes 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 ingredients 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 Federal 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).