U.S. Code of Federal Regulations

Regulations most recently checked for updates: Oct 01, 2023

§ 29.401 - Definitions.

As used in §§ 29.400 through 29.500, the words and phrases hereinafter defined shall have the following meanings:

(a) Importation. Arriving within the territorial limits of the United States with the intent to unload.

(b) Importer. The owner of the tobacco at the time of importation or the owner's successor in interest if the tobacco is sold prior to the completion of the requirements of §§ 29.400 through 29.500.

(c) Inspection certificate. An official written representation of a lot of tobacco made by an inspector and issued to an importer.

(d) Invoice. A writing on behalf of the importer that is used in commercial transactions of tobacco for selling, purchasing, shipping, or consigning.

(e) Lot. A unit of shipment of tobacco encompassed by a single invoice.

(f) Package. A hogshead, carton, case, bale, or other securely enclosed parcel or bundle.

(g) Packing list. A document itemizing each package covered by a single invoice listing, among other things, the kind of tobacco in each package, the net weight, and the marks and numbers identifying each package.

(h) Point of entry. The place at the port of entry or foreign trade zone where tobacco is unloaded from a carrier or unpacked from a container for the purpose of warehousing, manipulation, or manufacturing.

(i) Port of entry. Any place designated by Executive order of the President, by order of the Secretary of the Treasury, or by Act of Congress, at which a customs officer is authorized to accept entries of merchandise, to collect duties, and to enforce the various provisions of the Customs and Navigation Laws. The term “port of entry” incorporates the geographical area under the jurisdiction of the port director when such port is one other than a district headquarters port.

(j) Tobacco. Tobacco between the time it is cured and stripped from the stalk or primed and cured, in whole leaf or unmanufactured form, and the time it is utilized in product manufacturing. Conditioning, sweating, stemming, and threshing are not considered manufacturing.

(k) Transshipped tobacco. Tobacco that arrives within the territorial limits of the United States for the purpose of continuous transportation without being unloaded for warehousing, manipulation, or manufacturing, to a destination outside the territorial limits of the United States.

(l) Unload. To remove from a carrier at the port of entry or at a foreign trade zone.

(m) End user certification. A document issued by the Tobacco Division in a form approved by the Director containing a certification by the importer or subsequent purchaser to identify any and all end users of imported flue-cured or burley tobacco.

(n) Pesticide. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(o) Pesticide certification. A document issued by the Tobacco Division in a form approved by the Director containing a certification by the importer that flue-cured and burley tobacco offered for importation does not exceed the maximum allowable residue levels of any banned pesticide.

(p) Prohibited pesticide residue. The maximum concentration of residue allowable for a specific pesticide or combination of pesticides as set forth in § 29.427.

(q) Stems. The midribs or large central veins of tobacco leaves.

(r) Pesticide test sample. An official sample or samples, collected from a lot of tobacco by the Secretary of Agriculture for analysis by a certified chemist to ascertain the residue levels of banned pesticides.

(s) Sample Identification Form. A document approved by the Director that identifies and accompanies the sample to the testing facility on which the test results will be certified by a chemist in charge of testing.

(t) Subsequent purchaser. Any entity that acquires ownership of tobacco after importation.

(u) Testing. The chemical analysis of a pesticide test sample to determine levels of pesticide residues.

(v) End user. A domestic manufacturer of cigarettes or other tobacco products; an entity that mixes, blends, processes, alters in any manner, or stores imported tobacco for export; or any individual that the Secretary may identify as making use of imported tobacco for the manufacture of tobacco products.

(w) Reexported. Any imported tobacco not used to manufacture tobacco products that is subsequently exported.

(x) Blended. Tobacco that is combined or mixed into a uniform product.

(y) Leaves. Whole, undivided tobacco leaves containing lamina and stem.

(z) Strips. The sides (including portions of sides) of tobacco leaf from which the stem has been removed or a lot of tobacco composed of strips.

[49 FR 27467, July 3, 1984, as amended at 51 FR 30198, Aug. 22, 1986; 54 FR 24663, June 9, 1989]