Delegate to Congress Donna Christian-Christensen has asked President Bill Clinton to intervene in the confiscation of tobacco products from tourists returning from the Virgin Islands.
Christensen met with President Clinton and Treasury Secretary Lawrence H. Summers Wednesday to brief them on the cigarette prohibition issues that surfaced last week and threaten to impact the territory's coffers.
"The president was unaware that the recent actions of the U.S. Customs Service with regards to the enforcement of a 1997 statute which prohibits the re-importation of U.S.-made, tax-free tobacco products labeled 'for export only' into the U.S. mainland once they have been exported outside of the continent, also affected us," Christensen said in a release from her office. "He asked that I forward a memo explaining the situation and pledged to see what could be done administratively to resolve the issue."
In her letter Christensen asked Clinton to direct U.S. Customs officials and the Bureau of Alcohol, Tobacco and Firearms to halt any further enforcement action against tourists who bring tobacco products back from the Virgin Islands while legislation is being considered to amend the 1997 act.
Christensen said she believes current enforcement against tourists is due to a misinterpretation, or over-broad interpretation, of the statute.
In her letter to the president, she said she and the governor have been advised by counsel that given the context in which the law was enacted, the section in question only applies to attempts by distributors or other commercial entities to evade the increased tobacco taxes and should not affect personal exemptions.
If a change cannot be made administratively, a technical amendment to the law must be submitted by the House Ways and Means Committee and the Senate Finance Committee to correct the problem. That amendment has already been drafted, according to Christensen.
Rep. Charles Rangel, ranking member of the Ways and Means Committee, would make the amendment retroactive to Jan. 1, 2000, which is why Christensen is asking the president to suspend seizures until the matter can be appropriately addressed.
