Implementation of Public Law 105-33, Section 9302, Relating to Tobacco Importation Restrictions, Markings, Minimum Manufacturing Requirements, and Penalty Provisions (98R-369P)

This temporary rule implements several provisions of the Balanced Budget Act of 1997. Section 9302 of the new law: places restrictions on the importation of previously exported tobacco products, requires markings on tobacco products or cigarette papers and tubes removed or transferred without payment of the federal excise tax, provides penalties for selling, relanding, or receiving, within the jurisdiction of the United States, tobacco products or cigarette papers and tubes which have been labeled and shipped for exportation and were removed after the effective date, and authorizes the Secretary to prescribe minimum capacity or activity requirements as a criteria for issuance of a manufacturer's permit. The temporary rule implements these changes in law by providing new and amended regulations in parts 200, 270, 275 and 290 of title 27 of the Code of Federal Regulations (CFR). Additionally, the Bureau of Alcohol, Tobacco and Firearms (ATF) has made several other clarifying changes to the tobacco regulations. This temporary rule will remain in effect until superseded by final regulations. In the Proposed Rules section of this Federal Register, ATF is also issuing a notice of proposed rulemaking that invites comments on this temporary rule for a 60-day period following the publication of this temporary rule.