§ 1464.101 - Definitions.  


Latest version.
  • (a) Applicability. The definitions set forth in this section shall be applicable for purposes of administering the provisions of this subpart.

    (b) Terms. For purposes of this subpart, the following terms shall have the following meanings unless otherwise indicated.

    Customs Service. The United States Customs Service of the United States Department of the Treasury.

    De minimis special entries. Imports of unmanufactured tobacco when the total importation at any time or on any date is 100 kilograms or less and such tobacco is imported segregated from other tobacco for use as samples, for research, or other use approved by the Director.

    Director. The Director, or Acting Director, Tobacco Division, Farm Service Agency, U.S. Department of Agriculture.

    Entered. Tobacco shall be considered to have entered the United States when the tobacco has been released by the Customs Service for entry (direct entry or bonded warehouse withdrawal) for consumption into the commerce of the United States, unless the tobacco is brought into the country outside the control of the Customs Service, in which case the tobacco will be considered to have entered the United States when such tobacco physically enters the territory of the United States.

    Entry date. The date on which the tobacco was released by Customs Service for consumption into the commerce of the United States, unless the tobacco enters commerce in the United States without such a release, in which case the entry date shall be the date such tobacco physically entered the territory of the United States.

    Imported tobacco. Effective January 1, 1994, any unmanufactured tobacco, including Oriental and Turkish tobacco, that was not produced in the United States but has entered the United States.

    Importer. A person who owns or controls such tobacco at the time at which the tobacco entered the United States.

    Person. An individual, partnership, association, corporation, cooperative, estate, trust, joint venture, joint operation, or other business enterprise or other legal entity, and, when applicable, a State, a political subdivision of a State, or any agency thereof.

    United States. The 50 States of the United States, the District of Columbia, Puerto Rico, or any Territory or Possession of the United States.

    Unmanufactured tobacco. Any tobacco that is not processed and packaged as a consumer tobacco product, including, but not limited to, any tobacco classifiable under the Harmonized Tariff Schedule of the United States (HTS) in existence as of January 1, 1994, under Chapter 2401 of the HTS or under classifications 2403912000, 2403914050, 2403914070, 2403990050, 2403990065, and 2403990070 of Chapter 2403 of the HTS.