Page:United States Statutes at Large Volume 102 Part 2.djvu/312

 102 STAT. 1316

State and local governments.

PUBLIC LAW 100-418—AUG. 23, 1988

sale of duty-free merchandise to any one individual to personal use quantities; "(C) shall display in prominent places within its place of business notices which state clearly that any duty-free merchandise purchased from the enterprise— "(i) has not been subject to any Federal duty or tax, "(ii) if brought back into the customs territory, must be declared and is subject to Federal duty and tax, and "(iii) is subject to the customs laws and regulation of any foreign country to which it is taken; "(D) shall not be required to mark or otherwise place a distinguishing identifier on individual items of merchandise to indicate that the items were sold by a duty-free sales enterprise, unless the Secretary finds a pattern in which such items are being brought back into the customs territory without declaration; (E) may unpack merchandise into saleable units after it has been entered for warehouse and placed in a duty-free sales enterprise, without requirement of further permits; and "(F) shall deliver duty-free merchandise— "(i) in the case of a duty-free sales enterprise that is an airport store— "(I) to the purchaser (or a family member or companion traveling with the purchaser) in an area that is within the airport and to which access to passengers is restricted to those departing from the customs territory; "(n) to the purchaser (or a family member or companion traveling with the purchaser) at the exit point of a specific departing flight; "(01) by placing the merchandise within the aircraft on which the purchaser will depart for carriage as passenger baggage; or "(XV) if the duty-free sales enterprise has made a good faith effort to effect delivery for exportation through one of the methods described in subclause (I), (ID, or (HI) but is unable to do so, by any other reasonable method to effect delivery; or "(ii) in the case of a duty-free sales enterprise that is a border store— "(I) at a merchandise storage location at or beyond the exit point; or (II) at any location approved by the Secretary before the date of enactment of the Omnibus Trade Act of 1987. "(4) If a State or local or other governmental authority, incident to its jurisdiction over any airport, seaport, or other exit point facility, requires that a concession or other form of approval be obtained from that authority with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to or through such facility for exportation, merchandise incident to such operation may not be withdrawn from a bonded warehouse and transferred to or through such facility unless the operator of the duty-free sales enterprise demonstrates to the Secretary that the concession or approval required for the enterprise has been obtained.

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