Source
(June 17, 1930, ch. 497, title VIII, § 802, as added Pub. L. 106–476, title IV, § 4004(a), Nov. 9, 2000, 114 Stat. 2178; amended Pub. L. 109–432, div. C, title IV, § 401(b), (c), (e)(1), (2), (4)(B), Dec. 20, 2006, 120 Stat. 3048, 3049.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section
1202 of this title.
The Trademark Act of 1946, referred to in subsec. (b), is act July 5, 1946, ch. 540,
60 Stat. 427, as amended, also popularly known as the Lanham Act. Title I of the Act is classified generally to subchapter I (§ 1051 et seq.) of chapter
22 of Title
15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section
1051 of Title
15 and Tables.
Amendments
2006—
Pub. L. 109–432, § 401(e)(4)(B), inserted “and smokeless tobacco products” after “cigarettes” in section catchline.
Subsec. (a).
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in introductory provisions.
Subsec. (a)(1).
Pub. L. 109–432, § 401(e)(2)(A)(i), inserted “or section
4403 of title
15, as the case may be” after “section
1335a of title
15”.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places.
Subsec. (a)(2).
Pub. L. 109–432, § 401(e)(2)(A)(ii), inserted “or section
4402 of title
15, as the case may be,” after “section
1333 of title
15” in introductory provisions.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in subpars. (A) and (B).
Subsec. (a)(3).
Pub. L. 109–432, § 401(e)(2)(A)(iii), inserted “or section
4402
(d) of title
15, as the case may be” after “section
1333
(c) of title
15”.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places.
Subsec. (a)(4).
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” wherever appearing.
Subsec. (b).
Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” in introductory provisions, to reflect the probable intent of Congress.
Subsec. (b)(1).
Pub. L. 109–432, § 401(e)(2)(B)(i), inserted “or smokeless tobacco products” after “cigarettes” in heading.
Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” in subsec. (b)(1), to reflect the probable intent of Congress.
Pub. L. 109–432, § 401(b), inserted at end “The preceding sentence shall not apply to any cigarettes or smokeless tobacco products sold in connection with a delivery sale.”
Subsec. (b)(2), (3).
Pub. L. 109–432, § 401(e)(2)(B)(ii), inserted “or smokeless tobacco products” after “Cigarettes” in heading.
Pub. L. 109–432, § 401(e)(1), which directed insertion of “or smokeless tobacco products” after “cigarettes” wherever appearing, was executed by making the insertion after “Cigarettes” and “cigarettes” wherever appearing, to reflect the probable intent of Congress.
Subsec. (c).
Pub. L. 109–432, § 401(e)(2)(C)(i), inserted “or smokeless tobacco product” after “cigarette” in heading.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in introductory and concluding provisions.
Subsec. (c)(1).
Pub. L. 109–432, § 401(e)(2)(C)(ii), inserted “or section
4403 of title
15, as the case may be” after “section
1335a of title
15”.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in two places.
Subsec. (c)(2)(A).
Pub. L. 109–432, § 401(e)(2)(C)(iii), inserted “or section
4402 of title
15, as the case may be,” after “section
1333 of title
15” in introductory provisions.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” in cls. (i) and (ii).
Subsec. (c)(2)(B).
Pub. L. 109–432, § 401(e)(2)(C)(iv), inserted “or section
4402
(d) of title
15, as the case may be” after “section
1333
(c) of title
15”.
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes”.
Subsec. (c)(3)(A).
Pub. L. 109–432, § 401(e)(1), inserted “or smokeless tobacco products” after “cigarettes” wherever appearing.
Subsec. (d).
Pub. L. 109–432, § 401(c), added subsec. (d).
Effective Date of 2006 Amendment
Amendment by
Pub. L. 109–432 applicable 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) of
Pub. L. 109–432, set out as a note under section
1681 of this title.