19 U.S.C. § 1681

Definitions

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In this subtitle:(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.

(3) Delivery saleThe term “delivery sale” means any sale of cigarettes or a smokeless tobacco product to a consumer if—(A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or(B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.(June 17, 1930, ch. 497, title VIII, § 801, 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(a), Dec. 20, 2006, 120 Stat. 3047.)Editorial NotesAmendments

2006—Par. (3). Pub. L. 109–432 added par. (3).

Statutory Notes and Related SubsidiariesEffective Date of 2006 Amendment

Pub. L. 109–432, div. C, title IV, § 401(g), Dec. 20, 2006, 120 Stat. 3050, provided that: “The amendments made by this section [amending this section, sections 1681a and 1681b of this title, and sections 5754 and 5761 of Title 26, Internal Revenue Code] shall apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act [Dec. 20, 2006].”

Effective Date

Pub. L. 106–476, title IV, § 4004(b), Nov. 9, 2000, 114 Stat. 2181, provided that: “The amendment made by subsection (a) [enacting this subtitle] shall take effect 30 days after the date of the enactment of this Act [Nov. 9, 2000].”

Notes of Decisions

Cited in 4 cases, 1994–2011 · leading case: Philip Morris USA, Inc. v. Otamedia Ltd., 331 F. Supp. 2d 228 (S.D.N.Y. 2004).

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Philip Morris USA, Inc. v. Otamedia Ltd., 331 F. Supp. 2d 228 (S.D.N.Y. 2004). “) The Otamedia Website also infringes and dilutes Philip Morris trademarks, violates both the Imported Cigarette Compliance Act, 19 U.S.C. § 1681 et seq. and New York General Business Law § 360-1, and constitutes false advertising and unfair competition under the Lanham Act.”

Roco Tobacco (USA), Inc. v. Florida Div. of Alcoholic Beverages, 934 So. 2d 479 (Fla. 3d DCA 2004). “Two months later, in December 2000, Congress passed and the President signed the Tobacco Compliance Act of 2000, as codified in 19 U.S.C. § 1681 -1681b, modifying the federal framework for lawfully importing tobacco products and indisputably making it illegal for Roco to…”

Ross Cosmetics Distrib. Centers, Inc. v. United States, 18 Ct. Int'l Trade 979 (Ct. Intl. Trade 1994). “Depending upon the particular circumstances of the case, the court may have de novo review in an action brought under 19 U.S.C. § 1681 (h). See 28 U.S.C.A. § 2640 (e), 6 U.”

State of Tennessee, by & through Robert E. Cooper, Jr., Attorney Gen. & Reporter for the State of Tennessee v. NV Sumatra Tobacco Trading Co. (Tenn. Ct. App. 2011). “, 19 U.S.C. §§1681 (a)(1) and (c)(1); 15 U.”

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