§ 511r. — Imported tobacco.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC511r]
TITLE 7--AGRICULTURE
CHAPTER 21A--TOBACCO INSPECTION
Sec. 511r. Imported tobacco
(a) Inspection for grade and quality; exception
Notwithstanding any other provision of law--
(1) All tobacco offered for importation into the United States,
except tobacco described in paragraph (2), shall be inspected,
insofar as practicable, for grade and quality as tobacco marketed
through a warehouse in the United States is inspected for grade and
quality.
(2) Cigar tobacco and oriental tobacco (both as provided for in
chapter 24 of the Harmonized Tariff Schedule of the United States)
offered for importation into the United States shall be accompanied
by a certification by the importer, in such form as the Secretary of
Agriculture may prescribe, stating the kind and type of such
tobacco, and, in the case of cigar tobacco, that such tobacco will
be used solely in the manufacture or production of cigars.
(b) Establishment of grade and quality standards
The Secretary of Agriculture shall establish grade and quality
standards for the purposes of subsection (a)(1) of this section that
are, insofar as practicable, the same as those applicable to tobacco
marketed through a warehouse in the United States.
(c) Certification necessary for excepted tobacco; false statements
Any tobacco described in subsection (a)(2) of this section that is
not accompanied by the certification required by that subsection shall
not be permitted entry into the United States. The provisions of section
1001 of title 18 shall be applicable with respect to any certification
made by an importer under such subsection.
(d) Place of inspection; fees and charges
The Secretary of Agriculture shall enforce the provisions of
subsection (a) of this section at the point of entry of tobacco offered
for importation into the United States. The Secretary shall by
regulation fix and collect from the importer fees and charges for
inspection under subsection (a)(1) and subsection (e) of this section
which shall, as nearly as practicable, cover the costs of such services,
including the administrative and supervisory costs customarily included
by the Secretary in user fee calculations, and which shall be comparable
to fees and charges fixed and collected for services provided in
connection with tobacco produced in the United States. The fees and
charges, when collected, shall be credited to the current appropriation
account that incurs the cost and shall be available without fiscal year
limitation to pay the expenses of the Secretary incident to providing
services under subsection (a)(1) of this section, subsection (e) of this
section, and subsection (f) of this section. Any fees collected, late
payment penalties, and interest earned shall be credited to the account
referred to in this section and may be invested by the Secretary of
Agriculture in insured or fully-collateralized interest-bearing accounts
or, at the discretion of the Secretary of Agriculture, by the Secretary
of the Treasury in United States Government debt instruments. Fees and
charges, including late payment penalties, and interest earned from the
investment of such funds shall be credited to the account referred to in
this section.
(e) Tobacco pesticide residues; certification, etc., requirements
Notwithstanding any other provision of law:
(1)(A) All flue-cured or burley tobacco offered for importation
into the United States shall be accompanied by a certification by
the importer, in such form as the Secretary of Agriculture shall
prescribe, that the tobacco does not contain any prohibited residue
of any pesticide that has been cancelled, suspended, revoked, or
otherwise prohibited under the Federal Insecticide, Fungicide, and
Rodenticide Act [7 U.S.C. 136 et seq.]. Any flue-cured or burley
tobacco that is not accompanied by such certification shall be
inspected by the Secretary at the point of entry to determine
whether that tobacco meets the pesticide residue requirements.
Subsection (d) of this section shall apply with respect to fees and
charges imposed to cover the costs of such inspection.
(B) Any tobacco that is determined by the Secretary not to meet
the pesticide residue requirements shall not be permitted entry into
the United States.
(C) The customs fraud provisions under section 1592 of title 19
and criminal fraud provisions under section 1001 of title 18 shall
apply with respect to the certification requirement in subparagraph
(A).
(2) The Secretary shall by regulation provide for pesticide
residue standards with respect to pesticides that are cancelled,
suspended, revoked, or otherwise prohibited under the Federal
Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.],
that shall apply to flue-cured and burley tobacco, whether
domestically produced or imported.
(3) The Secretary, to such extent and at such times as the
Secretary determines appropriate, shall sample and test flue-cured
and burley tobacco offered for importation or for sale in the United
States to determine whether it conforms with the pesticide residue
requirements. The Secretary shall by regulation impose fees and
charges for such inspections.
(4) If the Secretary determines, as a result of tests conducted
under paragraph (3), that certain flue-cured or burley tobacco
offered for importation does not meet the requirements of this
subsection, then such tobacco shall not be permitted entry into the
United States.
(5)(A) Subject to subparagraph (B), if the Secretary determines
that domestically produced Flue-cured \1\ or Burley \1\ tobacco does
not meet the requirements of this section, such tobacco may not be
moved in commerce among the States and shall be destroyed by the
Secretary.
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\1\ So in original. Probably should not be capitalized.
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(B) This paragraph shall apply only to tobacco produced after
December 23, 1985, that receives price support under the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or the
Agricultural Act of 1949 (7 U.S.C. 1421 et seq.).
(f) End users of imported tobacco; certification, identification, etc.,
requirements
(1) The certification required under subsection (e)(1) of this
section shall also include the identification of any and all end users
of such tobacco of which the importer has knowledge. Any flue cured \2\
or burley tobacco permitted entry into the United States must be
accompanied by a written identification of any and all end users of such
tobacco. In cases in which the importer has no knowledge of the identity
of an end user, the importer shall identify any and all purchasers to
whom the importer expects to transfer such imported tobacco. The
importer shall file with the Department of Agriculture an amended
statement if, at any time after the time of entry of such tobacco
imports, the importer has knowledge of any additional purchaser or end
user. In those cases in which the importer has not identified all end
users of such imported tobacco, the Secretary of Agriculture shall take
all steps available to ascertain the identity of any and all such end
users, including requesting such information from purchasers of such
imported tobacco. Domestic purchasers of imported tobacco shall be
required to supply any relevant information to the Department of
Agriculture upon demand under this subsection.
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\2\ So in original. Probably should be ``flue-cured''.
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(2) The Secretary shall provide to the Senate Committee on
Agriculture, Nutrition, and Forestry, and the House Committee on
Agriculture, on or before April 1, 1986, a report on the implementation
of this authority to identify each end user and purchaser of imported
tobacco. Such report shall identify the end users and purchasers of
imported tobacco and the quantity, in pounds, bought by such end user or
purchaser, as well as all steps taken by the Department of Agriculture
to ascertain such identities. The Secretary shall provide an additional
report, beginning November 15, 1986, and annual reports thereafter, on
the implementation of this authority.
(3) As used in this subsection, the term ``end user of imported
tobacco'' means--
(A) a domestic manufacturer of cigarettes or other tobacco
products;
(B) an entity that mixes, blends, processes, alters in any
manner, or stores, imported tobacco for export; and
(C) any other individual that the Secretary may identify as
making use of imported tobacco for the production of tobacco
products.
(4) Subsection (d) of this section shall apply with respect to fees
and charges imposed to cover the costs of such end user identification,
certification, and reporting activities.
(Pub. L. 98-180, title II, Sec. 213, Nov. 29, 1983, 97 Stat. 1149; Pub.
L. 99-198, title XI, Secs. 1161, 1166, Dec. 23, 1985, 99 Stat. 1498,
1501; Pub. L. 100-418, title I, Sec. 1214(b), Aug. 23, 1988, 102 Stat.
1156; Pub. L. 101-508, title I, Sec. 1204(c), Nov. 5, 1990, 104 Stat.
1388-11; Pub. L. 101-624, title XXV, Sec. 2511, Nov. 28, 1990, 104 Stat.
4073; Pub. L. 103-66, title I, Sec. 1106(c), Aug. 10, 1993, 107 Stat.
323.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(2), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of Title 19,
Customs Duties.
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to
in subsec. (e)(1)(A), (2), is act June 25, 1947, ch. 125, as amended
generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is
classified generally to subchapter II (section 136 et seq.) of chapter 6
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 136 of this title and Tables.
The Agricultural Adjustment Act of 1938, referred to in subsec.
(e)(5)(B), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which
is classified principally to chapter 35 (Sec. 1281 et seq.) of this
title. For complete classification of this Act to the Code, see section
1281 of this title and Tables.
The Agricultural Act of 1949, referred to in subsec. (e)(5)(B), is
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A (Sec. 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
Codification
Section was enacted as part of the Tobacco Adjustment Act of 1983,
and not as part of The Tobacco Inspection Act which comprises this
chapter.
Amendments
1993--Subsec. (d). Pub. L. 103-66 inserted before period at end of
second sentence ``, and which shall be comparable to fees and charges
fixed and collected for services provided in connection with tobacco
produced in the United States''.
1990--Subsec. (d). Pub. L. 101-624 inserted provisions crediting to
account fees, penalties and interest, authorizing investment of interest
earned therefrom in insured or fully-collateralized accounts or in
United States Government debt instruments, and crediting interest from
such investments to account.
Pub. L. 101-508, Sec. 1202(c)(1), which directed the insertion of
``, subsection (e) of this section, and subsection (f) of this section''
before the period was executed by making the insertion before the period
at the end thereof as the probable intent of Congress.
Subsec. (f)(4). Pub. L. 101-508, Sec. 1202(c)(2), added par. (4).
1988--Subsec. (a)(2). Pub. L. 100-418 substituted ``chapter 24 of
the Harmonized Tariff Schedule of the United States'' for ``Schedule 1,
Part 13, Tariff Schedules of the United States''.
1985--Subsec. (d). Pub. L. 99-198, Sec. 1161(b), inserted ``and
subsection (e)'' after ``subsection (a)(1)'' in second sentence.
Subsec. (e). Pub. L. 99-198, Sec. 1161(a), added subsec. (e).
Subsec. (f). Pub. L. 99-198, Sec. 1166, added subsec. (f).
Effective Date of 1990 Amendment
Section 1301 of title I of Pub. L. 101-508 provided that: ``This
title and the amendments made by this title [enacting section 940d of
this title, amending this section and sections 1441-2, 1444-2, 1444f,
1445, 1445b-3a, 1445c-3, 1445j, 1446e, 1446f to 1446h, 1722, 1736,
1736a, 1783, 1994, 1999, and 5822 of this title and section 136a of
Title 21, Food and Drugs, enacting provisions set out as notes under
sections 136w, 1421, and 1445b-3a of this title, and amending provisions
set out as notes under sections 1421 and 1999 of this title] shall
become effective 1 day after the date of enactment of the Food,
Agriculture, Conservation, and Trade Act of 1990 [Nov. 28, 1990], or
December 1, 1990, whichever is earlier.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as a note under section 3001 of
Title 19, Customs Duties.
Waiver Authority of President
For provision that President may waive application of amendment to
this section by section 1106(c) of Pub. L. 103-66, if President
determines that waiver is necessary or appropriate pursuant to an
international agreement entered into by United States, see section
422(c) of Pub. L. 103-465 set out as a note under section 1445 of this
title.
