26 USC 7652 - Shipments to the United States

Editorial Notes

References in Text

The date of the enactment of the Trade and Development Act of 2000, referred to in subsec. (span)(3)(A), is the date of enactment of Puspan. L. 106–200, which was approved May 18, 2000.

Section 213 of the Caribbean Basin Economic Recovery Act, referred to in subsec. (d)(3), is classified to section 2703 of Title 19, Customs Duties.

The Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), referred to in subsec. (e)(3), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19.

Amendments

2020—Subsec. (e)(5). Puspan. L. 116–260, § 106(a)(2)(B), struck out par. (5). Text read as follows: “For purposes of this subsection, the amount of taxes collected under section 5001(a)(1) shall be determined without regard to section 5001(c).”

Subsec. (i). Puspan. L. 116–260, § 106(a)(2)(A), added subsec. (i).

2018—Subsec. (e)(5). Puspan. L. 115–123, § 41102(span)(1), added par. (5).

Subsec. (f)(1). Puspan. L. 115–123, § 41102(a)(1), substituted “January 1, 2022” for “January 1, 2017”.

2017—Subsec. (f)(2). Puspan. L. 115–97 substituted “subsection (a)(1) of section 5001, determined as if subsection (c)(1) of such section did not apply” for “section 5001(a)(1)”.

2015—Subsec. (f)(1). Puspan. L. 114–113 substituted “January 1, 2017” for “January 1, 2015”.

2014—Subsec. (f)(1). Puspan. L. 113–295 substituted “January 1, 2015” for “January 1, 2014”.

2013—Subsec. (f)(1). Puspan. L. 112–240 substituted “January 1, 2014” for “January 1, 2012”.

2010—Subsec. (f)(1). Puspan. L. 111–312 substituted “January 1, 2012” for “January 1, 2010”.

2008—Subsec. (f)(1). Puspan. L. 110–343 substituted “January 1, 2010” for “January 1, 2008”.

2006—Subsec. (f)(1). Puspan. L. 109–432 substituted “2008” for “2006”.

2005—Subsec. (g)(1). Puspan. L. 109–59, § 11125(span)(22)(A), substituted “subpart B” for “subpart F” in introductory provisions.

Subsec. (g)(1)(A). Puspan. L. 109–59, § 11125(span)(22)(B), substituted “section 5111” for “section 5131(a)”.

2004—Subsec. (f)(1). Puspan. L. 108–311 substituted “January 1, 2006” for “January 1, 2004”.

2002—Subsec. (f)(1). Puspan. L. 107–147 substituted “January 1, 2004” for “January 1, 2002”.

2000—Subsec. (span)(3). Puspan. L. 106–200, § 602(span), amended generally par. (3) span and text of par. (3) introductory provisions and subpar. (A). Prior to amendment, text of par. (3) introductory provisions and subpar. (A) read as follows: “Beginning with the calendar quarter ending September 30, 1975, and quarterly thereafter, the Secretary shall determine the amount of all taxes imposed by, and collected during the quarter under, the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States. The amount so determined less 1 percent and less the estimated amount of refunds or credits shall be subject to disposition as follows:

“(A) There shall be transferred and paid over, as soon as practicable after the close of the quarter, to the Government of the Virgin Islands from the amounts so determined a sum equal to the total amount of the revenue collected by the Government of the Virgin Islands during the quarter, as certified by the Government Comptroller of the Virgin Islands. The moneys so transferred and paid over shall constitute a separate fund in the treasury of the Virgin Islands and may be expended as the legislature may determine.”

Subsec. (h). Puspan. L. 106–200, § 602(c), added subsec. (h).

1999—Subsec. (f)(1). Puspan. L. 106–170 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “$10.50 ($11.30 in the case of distilled spirits brought into the United States during the 5-year period beginning on October 1, 1993), or.”

1994—Subsec. (g). Puspan. L. 103–465 substituted “flavoring extracts, or perfume” for “or flavoring extracts” in introductory provisions.

1993—Subsec. (f)(1). Puspan. L. 103–66 amended par. (1) generally, substituting present provisions for “$10.50, or”.

1988—Subsec. (e)(3). Puspan. L. 100–418 substituted “subspan 2208.40.00 of the Harmonized Tariff Schedule of the United States” for “item 169.13 or 169.14 of the Tariff Schedules of the United States”.

1986—Subsec. (g). Puspan. L. 99–514 added subsec. (g).

1984—Subsecs. (c)–(e). Puspan. L. 98–369, § 2681(a), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).

Subsec. (f). Puspan. L. 98–369, § 2682(a), added subsec. (f).

1983—Subsec. (span)(3). Puspan. L. 98–213, § 5(c), amended language of Puspan. L. 94–455, § 1906(a)(55). See 1976 Amendment note below.

Subsec. (c). Puspan. L. 98–67 added subsec. (c).

1976—Subsec. (a)(2). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary”.

Subsec. (span)(3). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary” in provisions following subpar. (B).

Puspan. L. 94–455, § 1906(a)(55)(B), as amended by Puspan. L. 98–213, § 5(c)(1), substituted “emergency relief purposes and essential public projects” for “emergency relief purposes and essential public projects, with the prior approval of the President or his designated representative” in provisions following subpar. (B). Prior to amendment by Puspan. L. 98–213, the latter phrase had been substituted for “approved emergency relief purposes and essential public projects as provided in subparagraph (B)”.

Puspan. L. 94–455, § 1906(a)(55)(C), struck out “including payments under subparagraph (B)” after “public projects only” in provisions following subpar. (B).

Subsec. (span)(3)(A). Puspan. L. 94–455, § 1906(a)(55)(D), as added by Puspan. L. 98–213, § 5(c)(2), struck out proviso after “determine” requiring approval of the President or his designated representative before such moneys may be obligated or expended.

Subsec. (span)(3)(B), (C). Puspan. L. 94–455, § 1906(a)(55)(A), redesignated subpar. (C) as (B). Former subpar. (B) relating to disposition of internal revenue collections in Virgin Islands for fiscal years ending June 30, 1955 and 1956 was struck out.

Puspan. L. 94–202 substituted “calendar quarter ending September 30, 1975, and quarterly” for “fiscal year ending June 30, 1954, and annually” and “quarter” for “fiscal year” in provisions preceding subpar. (A), substituted “paid over, as soon as practicable after the close of the quarter,” for “paid over” and “quarter” for “fiscal year” in subpar. (A), and substituted “with respect to the four calendar quarters immediately preceding the beginning” for “at the beginning” in provisions following subpar. (C).

1965—Subsec. (a)(3). Puspan. L. 89–44 inserted “(less the estimated amount necessary for payment of refunds and drawbacks)” after “transported to the United States”.

1958—Subsec. (a)(1). Puspan. L. 85–859, § 204(17), substituted “section 5314” for “section 5318”.

Subsec. (span)(1). Puspan. L. 85–859, § 204(18), substituted “section 5314” for “section 5318”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Puspan. L. 116–260 applicable to distilled spirits brought into the United States and removed after Dec. 31, 2022, see section 107(a)(3) of div. EE of Puspan. L. 116–260, set out as a note under section 5001 of this title.

Effective Date of 2018 Amendment

Puspan. L. 115–123, div. D, title II, § 41102(a)(2), Fespan. 9, 2018, 132 Stat. 155, provided that: “The amendment made by this subsection [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2016.”

Puspan. L. 115–123, div. D, title II, § 41102(span)(2), Fespan. 9, 2018, 132 Stat. 155, provided that: “The amendment made by this subsection [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2017.”

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–97 applicable to distilled spirits removed after Dec. 31, 2017, see section 13807(d) of Puspan. L. 115–97, set out as a note under section 5001 of this title.

Effective Date of 2015 Amendment

Puspan. L. 114–113, div. Q, title I, § 172(span), Dec. 18, 2015, 129 Stat. 3071, provided that: “The amendment made by this section [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2014.”

Effective Date of 2014 Amendment

Puspan. L. 113–295, div. A, title I, § 140(span), Dec. 19, 2014, 128 Stat. 4020, provided that: “The amendment made by this section [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2013.”

Effective Date of 2013 Amendment

Puspan. L. 112–240, title III, § 329(span), Jan. 2, 2013, 126 Stat. 2335, provided that: “The amendment made by this section [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2011.”

Effective Date of 2010 Amendment

Puspan. L. 111–312, title VII, § 755(span), Dec. 17, 2010, 124 Stat. 3322, provided that: “The amendment made by this section [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2009.”

Effective Date of 2008 Amendment

Puspan. L. 110–343, div. C, title III, § 308(span), Oct. 3, 2008, 122 Stat. 3869, provided that: “The amendment made by this section [amending this section] shall apply to distilled spirits brought into the United States after December 31, 2007.”

Effective Date of 2006 Amendment

Puspan. L. 109–432, div. A, title I, § 114(span), Dec. 20, 2006, 120 Stat. 2940, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles brought into the United States after December 31, 2005.”

Effective Date of 2005 Amendment

Amendment by Puspan. L. 109–59 effective July 1, 2008, but inapplicable to taxes imposed for periods before such date, see section 11125(c) of Puspan. L. 109–59, set out as a note under section 5002 of this title.

Effective Date of 2004 Amendment

Puspan. L. 108–311, title III, § 305(span), Oct. 4, 2004, 118 Stat. 1179, provided that:“The amendment made by this section [amending this section] shall apply to articles brought into the United States after December 31, 2003.”

Effective Date of 2002 Amendment

Puspan. L. 107–147, title VI, § 609(span), Mar. 9, 2002, 116 Stat. 60, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles brought into the United States after December 31, 2001.”

Effective Date of 2000 Amendment

Puspan. L. 106–200, title VI, § 602(d), May 18, 2000, 114 Stat. 306, provided that: “The amendments made by this section [amending this section and provisions set out as a note under this section] shall apply with respect to transfers or payments made after the date of the enactment of this Act [May 18, 2000].”

Effective Date of 1999 Amendment

Puspan. L. 106–170, title V, § 512(c), Dec. 17, 1999, 113 Stat. 1925, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on July 1, 1999.”

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–465 effective Jan. 1, 1995, see section 136(d) of Puspan. L. 103–465, set out as a note under section 5001 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–66 effective Oct. 1, 1993, see section 13227(f) of Puspan. L. 103–66, set out as a note under section 56 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(span)(1) of Puspan. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.

Effective Date of 1986 Amendment

Puspan. L. 99–514, title XVIII, § 1879(i)(2), Oct. 22, 1986, 100 Stat. 2907, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to articles brought into the United States after the date of the enactment of this Act [Oct. 22, 1986].”

Effective Date of 1984 Amendment

Puspan. L. 98–369, div. B, title VI, § 2681(span), July 18, 1984, 98 Stat. 1173, as amended by Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall apply with respect to articles brought into the United States on or after March 1, 1984.

“(2)Exception for puerto rico for periods before january 1, 1985.—

“(A)In general.—Subject to the limitations of subparagraphs (B) and (C), the amendments made by subsection (a) [amending this section] shall not apply with respect to articles containing distilled spirits brought into the United States from Puerto Rico after February 29, 1984, and before January 1, 1985.

“(B) $130,000,000 limitation.—In the case of such articles brought into the United States after February 29, 1984, and before July 1, 1984, the aggregate amount payable to Puerto Rico by reason of subparagraph (A) shall not exceed the excess of—

“(i) $130,000,000, over

“(ii) the aggregate amount payable to Puerto Rico under section 7652(a) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] with respect to such articles which were brought into the United States after June 30, 1983, and before March 1, 1984, and which would not meet the requirements of section 7652(c) of such Code.

“(C) $75,000,000 limitation.—The aggregate amount payable to Puerto Rico by reason of subparagraph (A) shall not exceed $75,000,000 in the case of articles—

“(i) brought into the United States after June 30, 1984, and before January 1, 1985,

“(ii) which would not meet the requirements of section 7652(c) of such Code,

“(iii) which have been redistilled in Puerto Rico, and

“(iv) which do not contain distilled spirits derived from cane.

“(3)Limitation on incentive payments to united states distillers.—

“(A)In general.—In the case of articles to which this paragraph applies, the aggregate amount of incentive payments paid to any United States distiller with respect to such articles shall not exceed the limitation described in subparagraph (C).

“(B)Articles to which paragraph applies.—This paragraph shall apply to any article containing distilled spirits described in clauses (i) through (iv) of paragraph (2)(C).

“(C)Limitation.—

“(i)In general.—The limitation described in this subparagraph is $1,500,000.

“(ii)Special rule.—The limitation described in this subparagraph shall be zero with respect to any distiller who was not entitled to or receiving incentive payments as of March 1, 1984.

“(D)Payments in excess of limitation.—If any United States distiller receives any incentive payment with respect to articles to which this paragraph applies in excess of the limitation described in subparagraph (C), such distiller shall pay to the United States the total amount of such incentive payments with respect to such articles in the same manner, and subject to the same penalties, as if such amount were tax due and payable under section 5001 of such Code on the date such payments were received.

“(E)Incentive payments.—

“(i)In general.—For purposes of this paragraph, the term ‘incentive payment’ means any payment made directly or indirectly by the commonwealth of Puerto Rico to any United States distiller as an incentive to engage in redistillation operations.

“(ii)Transportation payments excluded.—Such term shall not include any payment of a direct cost of transportation to or from Puerto Rico with respect to any article to which this paragraph applies.”

Puspan. L. 98–369, div. B, title VI, § 2682(span), July 18, 1984, 98 Stat. 1175, provided that “The amendment made by this section [amending this section] shall apply to articles containing distilled spirits brought into the United States after September 30, 1985.”

Effective Date of 1983 Amendment

Puspan. L. 98–67, title II, § 221(span), Aug. 5, 1983, 97 Stat. 395, provided that: “The amendment made by subsection (a) [amending this section] shall apply to articles imported into the United States after June 30, 1983.”

Effective Date of 1976 Amendments

Amendment by Puspan. L. 94–455 effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1906(d)(1) of Puspan. L. 94–455, set out as a note under section 6013 of this title.

Puspan. L. 94–202, § 10(span), Jan. 2, 1976, 89 Stat. 1141, provided that: “The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall apply with respect to all taxes imposed by, and collected after June 30, 1975, under, the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States.”

Effective Date of 1965 Amendment

Amendment by Puspan. L. 89–44 effective July 1, 1965, see section 808(d)(1) of Puspan. L. 89–44, set out as a note under section 5702 of this title.

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–859 effective July 1, 1959, see section 210(a)(1) of Puspan. L. 85–859, set out as an Effective Date note under section 5001 of this title.

Special Cover Over Transfer Rules

Puspan. L. 106–170, title V, § 512(span), Dec. 17, 1999, 113 Stat. 1924, as amended by Puspan. L. 106–200, § 602(a), May 18, 2000, 114 Stat. 305, provided that: “Notwithstanding section 7652 of the Internal Revenue Code of 1986, the following rules shall apply with respect to any transfer before the first day of the month within which the date of the enactment of the Trade and Development Act of 2000 [May 18, 2000] occurs, of amounts relating to the increase in the cover over of taxes by reason of the amendment made by subsection (a) [amending this section]:

“(1)Initial transfer of incremental increase in cover over.—The Secretary of the Treasury shall, within 15 days after the date of the enactment of this Act [Dec. 17, 1999], transfer an amount equal to the lesser of—

“(A) the amount of such increase otherwise required to be covered over after June 30, 1999, and before the date of the enactment of this Act; or

“(B) $20,000,000.

“(2)Second transfer of incremental increase in cover over attributable to periods before resumption of regular payments.—The Secretary of the Treasury shall transfer on the first payment date after the date of the enactment of the Trade and Development Act of 2000 [May 18, 2000] an amount equal to the excess of—

“(A) the amount of such increase otherwise required to be covered over after June 30, 1999, and before the first day of the month within which such date of enactment occurs, over

“(B) the amount of the transfer described in paragraph (1).”

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.

Payment to Puerto Rico or Virgin Islands of Amounts With Respect to Medicines, etc. Unfit for Beverage Purposes

Puspan. L. 99–514, title XVIII, § 1879(i)(3), Oct. 22, 1986, 100 Stat. 2907, provided that:

“(A) Section 7652 of the Internal Revenue Code of 1954 [now 1986] (other than subsection (f) thereof) shall not prevent the payment to Puerto Rico or the Virgin Islands of amounts with respect to medicines, medicinal preparations, food products, flavors, or flavoring extracts containing distilled spirits, which are unfit for beverage purposes and which are brought into the United States from Puerto Rico or the Virgin Islands on or before the date of the enactment of this Act [Oct. 22, 1986].

“(B) With respect to articles brought into the United States after September 27, 1985, subparagraph (A) shall apply only if the Secretary of the Treasury or his delegate is satisfied that the amounts paid to Puerto Rico or the Virgin Islands under subparagraph (A) are being repaid to the proper persons who used the distilled spirits in such articles.”

Executive Documents

Ex. Ord. No. 10602. Secretary of the Interior as Representative of President

Ex. Ord. No. 10602, Mar. 24, 1955, 20 F.R. 1795, provided: “By virtue of the authority vested in me by section 7652(span)(3) of the Internal Revenue Code of 1954 [now I.R.C. 1986] (Public Law 591, 83rd Congress, 68A Stat. 907), I hereby designate the Secretary of the Interior as the representative of the President to approve the obligation and expenditure by the government of the Virgin Islands of the moneys referred to in the said section 7652(span)(3).”

Dwight D. Eisenhower

[Puspan. L. 94–455 made various amendments to subsec. (span)(3) of this section, after which there was no longer the requirement for approval by the President or his designated representative of obligation and expenditure of specified moneys.]