Page:United States Statutes at Large Volume 68A.djvu/749

 CH. 52—^TOBACCO AND MANUFACTURES

709

accordance with such regulations and upon the filing of such bonds as the Secretary or his delegate shall prescribe. (d) AETICLES AND TOBACCO MATERIALS RELEASED IN BOND FROM CUSTOMS CUSTODY,—Articles and tobacco materials imported or

brought into the United States may be released from customs custody, without payment of tax, for delivery to the bonded premises of a manufacturer of articles and such tobacco materials may be similarly released for delivery to the bonded premises of a dealer in tobacco materials, in accordance with such regulations and upon the filing of such bond as the Secretary or his delegate shall prescribe. SEC. 5705. REFUND OR ALLOWANCE OF TAX.

(a) REFUND.—Refund of any tax imposed by this chapter shall be made to the manufacturer or importer on proof satisfactory to the Secretary or his delegate that the claimant manufacturer or importer has paid the tax on articles withdrawn by him from the market; o r o n articles which are lost (otherwise than by theft) or destroyed, by fire, casualty, or act of God, while in the possession or ownership of the claimant; or where the tax has been paid in error. (b) ALLOWANCE.—If the tax has not yet been paid on articles proved to have been lost or destroyed as aforesaid, relief from the tax on such articles may be extended upon the filing, with the return, of a claim for allowance of loss in the same manner as a claim for refund. (c) LIMITATION.—Claims for refund of tax imposed by this chapter shall be filed within 3 years of the date of payment of tax, and shall be in such form and contain such information as the Secretary or his delegate shall by regulation prescribe. SEC. 5706. DRAWBACK OF TAX.

There shall be an allowance of drawback of tax paid on articles, when shipped from the United States, in accordance with such regulations and upon the filing of such bond as the Secretary or his delegate shall prescribe. SEC. 5707. FLOOR STOCKS REFUND ON CIGARETTES.

(a) IN GENERAL.—With respect to cigarettes, weighing not more than 3 pounds per thousand, upon which the tax imposed by subsection (c)(1) of section 5701 has been paid, and which, on April 1, 1955, are held by any person and intended for sale, or are in transit from foreign countries or insular possessions of the United States to any person in the United States for sale, there shall be credited or refunded to such person (without interest), subject to such regulations as shall be prescribed by the Secretary or his delegate, an amount equal to the difference between the tax paid on such cigarettes and the tax made applicable to such articles on April 1, 1955, if claim for such credit or refund is filed with the Secretary or his delegate before July 1, 1955. (b) LIMITATIONS ON ELIGIBILITY FOR CREDIT OR R E F U N D. — N o

person shall be entitled to credit or refund under subsection (a) of this section unless such person, for such period or periods both before and after April 1, 1955 (but not extending beyond 1 year thereafter), as the Secretary or his delegate shall, by regulation, prescribe, makes and keeps, and files with the Secretary or his delegate such records of inventories, sales, and purchases as shall be prescribed in such regulations. § 5707(b)

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