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(c) REQUIREMENT TO DESTROY FORFEITED TOBACCO PRODUCTS.--The last sentence of subsection (c) of section 5761 of such Code is amended by striking ``the jurisdiction of the United States'' and all that follows through the end period and inserting ``the jurisdiction of the United States shall be forfeited to the United States and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such products, papers, and tubes from the place
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(d) EFFECTIVE DATE.--The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.
(e) STUDY.--The Secretary of the Treasury shall report to Congress on the impact of requiring export warehouses to be authorized by the original manufacturer to receive relanded export-labeled cigarettes.
SEC. 4003. TECHNICAL AMENDMENT TO THE BALANCED BUDGET ACT OF 1997.
(a) IN GENERAL.--Subsection (c) of section 5761 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``This subsection and section 5754 shall not apply to any person who relands or receives tobacco products in the quantity allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States. No quantity of tobacco products other than the quantity referred to in the preceding sentence may be relanded or received as a personal use quantity.''.
(b) EFFECTIVE DATE.--The amendment made by this section 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.
The Tariff Act of 1930 (19 U.S.C. 1202 et seq.) is amended by adding at the end the following:
``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 t ransparent 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.
``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 Ciga rette 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).
``(b) EXEMPTIONS.--Cigarettes satisfying the conditions of any of the following paragraphs shall not be subject to the requirements of subsection (a):
``(1) PERSONAL-USE CIGARETTES.--Cigarettes that are imported into the United States in personal use quantities that are allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States.
``(2) CIGARETTES IMPORTED INTO THE UNITED STATES FOR ANALYSIS.--Cigarettes that are imported into the United States solely for the purpose of analysis in quantities suitable for such purpose, but only if the importer submits at the time of entry a certificate signed, under penalties of perjury, by the consignee (or a person authorized by such consignee) providing such facts as may be required by the Secretary to establish that such consignee is a manufacturer of cigarettes, a Federal or State government agency, a university, or is otherwise engaged in bona fide research and stating that such cigarettes will be used solely for analysis and will not be sold in domestic commerce in the United States.
``(3) CIGARETTES INTENDED FOR NONCOMMERCIAL USE, REEXPORT, OR REPACKAGING.--Cigarettes--
``(A) for which 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
``(B) for which the importer submits a certificate signed by the manufacturer or export warehouse (or a person authorized by such manufacturer or export warehouse) to which such cigarettes are to be delivered (as provided in subparagraph (A)) stating, under penalties of perjury, with respect to those cigarettes, that it will not distribute those cigarettes into domestic commerce unless prior to such distribution all steps have been taken to comply with paragraphs (1), (2), and (3) of subsection (a), and, to the extent applicable, section 5754(a)(1) (B) and (C) of the Internal Revenue Code of 1986.
For purposes of this section, a trademark is registered in the United States if it is registered in the Patent and Trademark Office under the provisions of title I of the Act of July 5, 1946 (popularly known as the `Trademark Act of 1946'), and a copy of the certificate of registration of such mark has been filed with the Secretary. The Secretary shall make available to interested parties a current list of the marks so filed.
``(c) CUSTOMS CERTIFICATIONS REQUIRED FOR CIGARETTE IMPORTS.--The certificates that must be submitted by the importer of cigarettes at the time of entry in order to comply with subsection (a)(5) are--
``(1) a certificate signed by the manufacturer of such cigarettes or an authorized official of such manufacturer stating under penalties of perjury, with respect to those cigarettes, that such manufacturer has timely submitted, and will continue to submit timely, to the Secretary of Health and Human Services the ingredient reporting information required by section 7 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1335a);
``(2) a certificate signed by such importer or an authorized official of such importer stating under penalties of perjury that--
``(A) the precise warning statements in the precise format required by section 4 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) are permanently imprinted on both--
``(i) the primary packaging of all those cigarettes; and
``(ii) 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; and
``(B) with respect to those cigarettes being imported into the United States, such importer has complied, and will continue to comply, with a rotation plan approved by the Federal Trade Commission pursuant to section 4(c) of the Federal Ciga rette Labeling and Advertising Act (15 U.S.C. 1333(c)); and
``(3)(A) if such cigarettes bear a United States trademark registered for cigarettes, a certificate signed by the owner of such United States trademark registration for cigarettes (or a person authorized to act on behalf of such owner) stating under penalties of perjury that such owner (or authorized person) consents to the importation of such cigarettes into the United States; and
``(B) a certificate signed by the importer or an authorized official of such importer stating under penalties of perjury that the consent referred to in subparagraph (A) is accurate, remains in effect, and has not been withdrawn.
The Secretary may provide by regulation for the submission of certifications under this section in electronic form if, prior to the entry of any cigarettes into the United States, the person required to provide such certifications submits to the Secretary a written statement, signed under penalties of perjury, verifying the accuracy and completeness of all information contained in such electronic submissions.
``SEC. 803. ENFORCEMENT.
``(a) CIVIL PENALTY.--Any person who violates a provision of section 802 shall, in addition to the tax and any other penalty provided by law, be liable for a civil penalty for each violation equal to the greater of $1,000 or 5 times the amount of the tax imposed by chapter 52 of the Internal Revenue Code of 1986 on all cigarettes that are the subject of such violation.
``(b) FORFEITURES.--Any tobacco product, cigarette papers, or tube that was imported into the United States or is sought to be imported into the United States in violation of, or without meeting the requirements of, section 802 shall be forfeited to the United States. Notwithstanding any other provision of law, any product forfeited to the United States pursuant to this title shall be destroyed.''.
Mr. MOYNIHAN. Mr. President, my great thanks to the chairman of the Finance Committee for his efforts in bringing this legislation, the Tariff Suspension and Trade Act of 2000, to a successful conclusion. Last November, the World Trade Organization Seattle Ministerial ended in what The Econ omist magazine labeled a ``global disaster.'' Mr. President, our trade policy of 60 years--first established by Cordell Hull's Reciprocal Trade Agreements Act of 1934--was in a crisis. Since then, th e Senate has worked hard to put our trade policy back on track. On May 11, 2000, Congress passed the Trade and Development Act of 2000, extending preferential tar iff treatment to our friends in Africa and expanding benefits to our neighbors in the Caribbean Basin. Just this week, the President signed into law H.R. 4444, authorizing permanent normal trade relations for China. And today, the Senat e has p assed- -by unanim ous consent--our third piece of trade legislation this year, the Tariff Suspension and Trade Act of 2000. There has not been a year in Congress so p roductive on trade issues since 1988, when we considered the Omnibus Trade and Competitiveness Act and the legislation implementin g the U.S.-Canada Free Trade Agreement.
H.R. 4868 contains over 150 tariff suspensions and reductions on a wide range of products, 19 reliquidations of prior entries, and 11 technical Customs
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Finally, M r. President, I would like to take this opportunity to thank the staff which have worked late nights and long weekends to ensure that the Tariff Suspension and Trade Act of 2000 was a success. On the Finance Committee Min ority staff, Linda Menghetti, Timothy Hogan, Holly Vineyard, and Pat Heck, and on the Majority staff, Grant Aldonas, Faryar Shirzad, Tim Keeler, and Carrie Clark worked tirelessly to ensure the passage of this important bill. Polly Craighill, of the Legislative Counsel's Office, spent countless hours drafting and redrafting this extensive piece of legislation. Anita Horn and Gary Myrick of the Minority leadership were also crucial to its final passage. Mr. President, we have taken three major steps forward since Seattle, and I hope the momentum will continue.
THE REPUBLIC OF GEORGIA
Mr. LEVIN. Mr. President, before the Senate passes the miscellaneous tariff bill, I would like to bring attention to a provision in the bill that would grant permanent normal trade relations, PNTR to the Republic of Georgia . In ge neral, I support the proposition that the time is ripe for Georgia to receive PNTR. However, I also think we should recognize that the Republic of Georgia has demonstrated enforcement of internationally recognized core labor standards.
Georgia grants its citizens the right to emigrate. It is a leader in democratic reform in the Caucuses. It has a relatively strong human rights record. It has been shedding its status as a non-market economy, and this year became a member of the WTO. And it has been an important strategic partner of the United States.
To a certain extent, these accomplishments are acknowledged in the preambulatory clauses to the PNTR grant. But there is something missing. There is no recognition of Georgia's effective record of enforcing internationally recognized core labor labor standards and its demonstrated commitment to continue its protection of worker rights in the future. I hope that this gap can be filled in when the bill goes to conference.
Why should a grant of PNTR to Georgia acknowledge that country's protection of worker rights and its commitment to continue protecting worker rights? Because, increasingly, U.S. trade policy is reflecting the link between trade and labor. Different countries' different levels of pro tection of core labor standards have an impact on trade. We cannot ignore that. Indeed, we affirmatively recogn ized that fact in both the China/PNTR bill and in the Africa/CBI bill.
It stands to reason that when we make a significant change in our trade relationship with another country--as when we grant PNT R--we ought to take account of that country's enforcement (or lack of enforcement) of core labor standards. Here, the country in issue has a strong record in this area. We ought to recognize that fact, since it reinforces the case for granting PNTR. This sends an important signal to future PNTR candidates.
Therefore, I hope that, in conference, we will be able to include a simple recognition of Georgia's record and its commitment going forward.
Mr. MOYNIHAN. The Senator's point is a good one and I will press it in conference.
Mr. LOTT. Mr. President, I ask unanimous consent that the substitute amendment be agreed to, the bill be read a third time and passed, as amended, the motion to reconsider be laid upon the table, and that any statements relating to the bill be printed in the RECORD.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (H.R. 4868), as amended, was read the third time and passed.
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