---
kind: "section"
citation: "27 C.F.R. § 41.82"
title: "27"
number: "41.82"
heading: "Restrictions on tobacco products labeled for export."
url: "https://uscodex.org/cfr/27/41.82"
---

# §41.82. Restrictions on tobacco products labeled for export.

- (a) The provisions of this section apply to tobacco products and cigarette papers and tubes manufactured in the United States and labeled for exportation under parts [40](/cfr/27/part40.md) and [44](/cfr/27/part44.md) of this chapter.
- (b) Articles described in [paragraph (a)](#a) of this section may be transferred to or removed from the premises of a manufacturer or an export warehouse proprietor only if such articles are being transferred or removed without tax as provided in this part.
- (c) Articles described in [paragraph (a)](#a) of this section may only be imported or brought into the United States, after their exportation, under the provisions of [26 U.S.C. 5704(d)](/usc/26/5704.md?p=d), by release from Customs custody for delivery to the original manufacturer of such tobacco products or cigarette papers or tubes or to the proprietor of an export warehouse authorized by such manufacturer to receive such articles. These products are transferred in bond and are released from Customs custody without payment of that part of the duty attributable to internal revenue tax.
- (d) Articles described in [paragraph (a)](#a) of this section that are not put up in packages may be imported or brought into the United States under [26 U.S.C. 5704(c)](/usc/26/5704.md?p=c) by release from Customs custody without payment of tax for delivery to the original manufacturer of such articles. However, because such articles are also eligible for release under [26 U.S.C. 5704(d)](/usc/26/5704.md?p=d), such articles will be treated as though released under [section 5704(d)](/cfr/27/5704.md?p=d), due to the penalty provisions in [section 5761(c)](/cfr/27/5761.md?p=c).
- (e) Articles described in [paragraph (a)](#a) of this section may not be sold or held for sale for domestic consumption in the United States unless such articles are removed from their export packaging and repackaged by the original manufacturer into new packaging that does not contain an export label. The new packages, marks and notices must conform to the requirements of [27 CFR part 40](/cfr/27/part40.md).
- (f) The provisions of this section shall apply to articles labeled for export even if the packaging or the appearance of such packaging to the consumer of such articles has been modified or altered by a person other than the original manufacturer so as to remove or conceal or attempt to remove or conceal (including by placement of a sticker over) any export label.
- (g) For purposes of this section, an article is labeled for export or contains an export label if it bears the mark, label, or notice required by [§ 44.185](/cfr/27/44.185.md) of this chapter.
- (h) For purposes of this section, references to exportation shall be treated as including a reference to shipment to the Commonwealth of Puerto Rico.
- (i) The provisions of this section do not apply to any person who, when entering U.S. manufactured tobacco products labeled for export under parts [40](/cfr/27/part40.md) and [44](/cfr/27/part44.md) of this chapter, claims and is granted an exemption from duty and tax for such products under chapter 98 of the Harmonized Tariff Schedule of the United States. The quantity of tobacco products entered may not exceed the quantity limit imposed on such products under the applicable tariff provision. A traveler claiming an exemption under this subsection upon arrival at the border may voluntarily relinquish to U.S. Customs and Border Protection at the time of entry any excess of such quantity without incurring the penalty under section [§ 41.83](/cfr/27/41.83.md).
- (j) For civil penalties and forfeiture provisions related to violations of this section, see [§ 41.83](/cfr/27/41.83.md). For a criminal penalty applicable to any violation of this section see [26 U.S.C. 5762(b)](/usc/26/5762.md?p=b).

## Notes

### Amendments

[T.D. ATF-465, 66 FR 45618, Aug. 29, 2001. Redesignated and amended by T.D. TTB-16, 69 FR 52424, 52425, Aug. 26, 2004; T.D. TTB-196, 89 FR 87947, Nov. 6, 2024]

### Authority

Authority: 26 U.S.C. 5701-5705, 5708, 5712, 5713, 5721-5723, 5741, 5754, 5761-5763, 6301, 6109, 6302, 6313, 6402, 6404, 7101, 7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C. 9301, 9303, 9304, 9306.

### Source

Source: Redesignated by T.D. TTB-16, 69 FR 52424, Aug. 26, 2004, unless otherwise noted.

### Amendments

[T.D. ATF-465, 66 FR 45618, Aug. 29, 2001. Redesignated and amended by T.D. TTB-16, 69 FR 52424, 52425, Aug. 26, 2004; T.D. TTB-196, 89 FR 87947, Nov. 6, 2024]