[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR44.11]

[Page 860-862]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 44_EXPORTATION OF TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES, 
WITHOUT PAYMENT OF TAX, OR WITH DRAWBACK OF TAX--Table of Contents
 
                          Subpart B_Definitions
 
Sec. 44.11  Meaning of terms.


    When used in this part and in forms prescribed under this part, the 
following terms shall have the meanings given in this section, unless 
the context clearly indicates otherwise. Words in the plural form shall 
include the singular, and vice versa, and words indicating the masculine 
gender shall include the feminine. The terms ``includes'' and 
``including'' do not exclude things not listed which are in the same 
general class.
    Appropriate ATF officer. An officer or employee of the Bureau of 
Alcohol, Tobacco and Firearms (ATF) authorized to perform any functions 
relating to the administration or enforcement of this part by ATF Order 
1130.31, Delegation of the Director's Authorities in 27 CFR Part 44, 
Exportation of Tobacco Products and Cigarette Papers and Tubes, Without 
Payment of Tax, or With Drawback of Tax.
    Chewing tobacco. Any leaf tobacco that is not intended to be smoked.
    Cigar. Any roll of tobacco wrapped in leaf tobacco or in any 
substance containing tobacco (other than any roll of tobacco which is a 
cigarette within the definition of ``cigarette'' given in this section).
    Cigarette. (a) Any roll of tobacco wrapped in paper or in any 
substance not containing tobacco, and
    (b) Any roll of tobacco wrapped in any substance containing tobacco 
which, because of its appearance, the type of tobacco used in the 
filler, or its packaging and labeling, is likely to be offered to, or 
purchased by, consumers as a cigarette described in paragraph (a) of 
this definition.
    Cigarette paper. Paper, or other material except tobacco, prepared 
for use as a cigarette wrapper.
    Cigarette tube. Cigarette paper made into a hollow cylinder for use 
in making cigarettes.
    Customs warehouse. A customs bonded manufacturing warehouse, class 
6, where cigars are manufactured of imported tobacco.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    District director of customs. The district director of customs at a 
headquarters port of the district (except the district of New York, 
N.Y.); the area directors of customs in the district of New York, N.Y.; 
and the port director at a port not designated as a headquarters port.
    Exportation or export. A severance of tobacco products or cigarette 
papers or tubes from the mass of things belonging to the United States 
with the intention of uniting them to the mass of things belonging to 
some foreign country. For the purposes of this part, shipment from the 
United States to Puerto Rico, the Virgin Islands, or a possession of the 
United States, shall be deemed exportation, as will the clearance from 
the United States of tobacco

[[Page 861]]

products and cigarette papers and tubes for consumption beyond the 
jurisdiction of the internal revenue laws of the United States, i.e., 
beyond the 3-mile limit or international boundary, as the case may be.
    Export warehouse. A bonded internal revenue warehouse for the 
storage of tobacco products and cigarette papers and tubes, upon which 
the internal revenue tax has not been paid, for subsequent shipment to a 
foreign country, Puerto Rico, the Virgin Islands, or a possession of the 
United States, or for consumption beyond the jurisdiction of the 
internal revenue laws of the United States.
    Export warehouse proprietor. Any person who operates an export 
warehouse.
    Factory. The premises of a manufacturer of tobacco products or 
cigarette papers and tubes in which he carries on such business.
    Foreign-trade zone. A foreign-trade zone established and operated 
pursuant to the Act of June 18, 1934, as amended.
    In bond. The status of tobacco products and cigarette papers and 
tubes, which come within the coverage of a bond securing the payment of 
internal revenue taxes imposed by 26 U.S.C. 5701 or 7652, and in respect 
to which such taxes have not been determined as provided by regulations 
in this chapter, including (a) such articles in a factory or an export 
warehouse, (b) such articles removed, transferred, or released, pursuant 
to 26 U.S.C. 5704, and with respect to which relief from the tax 
liability has not occurred, and (c) such articles on which the tax has 
been determined, or with respect to which relief from the tax liability 
has occurred, which have been returned to the coverage of a bond.
    Manufacturer of cigarette papers and tubes. Any person who 
manufactures cigarette paper, or makes up cigarette paper into tubes, 
except for his own personal use or consumption.
    Manufacturer of tobacco products. Any person who manufactures 
cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own 
tobacco but does not include:
    (1) A person who produces tobacco products solely for that person's 
own consumption or use; or
    (2) A proprietor of a Customs bonded manufacturing warehouse with 
respect to the operation of such warehouse.
    Package. The container in which tobacco products or cigarette papers 
or tubes are put up by the manufacturer and delivered to the consumer.
    Person. An individual, partnership, association, company, 
corporation, estate, or trust.
    Pipe tobacco. Any tobacco which, because of its appearance, type, 
packaging, or labeling, is suitable for use and likely to be offered to, 
or purchased by, consumers as tobacco to be smoked in a pipe.
    Removal or remove. The removal of tobacco products or cigarette 
papers or tubes from either the factory or the export warehouse covered 
by the bond of the manufacturer or proprietor.
    Roll-your-own tobacco. Any tobacco which, because of its appearance, 
type, packaging, or labeling, is suitable for use and likely to be 
offered to, or purchased by, consumers as tobacco for making cigarettes.
    Sale price. The price for which large cigars are sold by the 
manufacturer, determined in accordance with Sec. Sec. 40.22 or 275.39.
    State. ``State'' shall, for the purposes of this part, be construed 
to include the District of Columbia.
    Smokeless tobacco. Any snuff or chewing tobacco.
    Snuff. Any finely cut, ground, or powdered tobacco that is not 
intended to be smoked.
    Tobacco products. Cigars, cigarettes, smokeless tobacco, pipe 
tobacco, and roll-your-own tobacco.
    United States. ``United States'' when used in a geographical sense 
shall include only the States and the District of Columbia.
    U.S.C. The United States Code.
    Zone operator. The person to whom the privilege of establishing, 
operating, and maintaining a foreign-trade zone has been granted by the 
Foreign-Trade Zones Board created by the Act of June 18, 1934, as 
amended.
    Zone restricted status. Tobacco products, cigarette papers and 
cigarette tubes which have been taken into a foreign trade zone from the 
United States Customs territory for the sole purpose

[[Page 862]]

of exportation or storage until exported.

[T.D. ATF-48, 43 FR 13556, Mar. 31, 1978; 44 FR 55856, Sept. 28, 1979, 
as amended by T.D. ATF-232, 51 FR 28087, Aug. 5, 1986; T.D. ATF-243, 51 
FR 43194, Dec. 1, 1986; T.D. ATF-289, 54 FR 48841, Nov. 27, 1989; T.D. 
ATF-421, 64 FR 71925, Dec. 22, 1999; T.D. ATF-424, 64 FR 71933, Dec. 22, 
1999; T.D. ATF-420, 64 FR 71945, Dec. 22, 1999; T.D. ATF-460, 66 FR 
39093, July 27, 2001; T.D. ATF-467, 66 FR 49532, Sept. 28, 2001; T.D. 
ATF-480, 67 FR 30801, May 8, 2002]