21 U.S.C. § 41
Section 41 · 41 to 50. Repealed. Pub. L. 104128, 2, Apr. 9, 1996, 110 Stat. 1198
This is the Tea Importation Act
Amended 7 times on record
Applied in 7 court decisions — leading case 153 F. Supp. 3d 294 - Ewell v. United States Department of Justice Criminal Division (2016)
Most recently applied in 178 F. Supp. 3d 1114 - United States v. Miller (April 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
It shall be unlawful for any person or persons or corporation to import or bring into the United States any merchandise as tea which is inferior in purity, quality, and fitness for consumption to the standards provided in section 43 of this title, and the importation of all such merchandise is prohibited, except as provided in the Harmonized Tariff Schedule of the United States.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.
Amendments
1988—Pub. L. 100–418 substituted “Harmonized Tariff Schedule of the United States” for “Tariff Schedules of the United States”.
1962—Pub. L. 87–456 inserted “except as provided in the Tariff Schedules of the United States” at end of first sentence, and struck out second sentence which related to the importation under bond of tea inferior to standards, tea waste, tea siftings, or tea sweepings, under regulations prescribed by the Secretary of the Treasury, for the sole purpose of manufacturing theine, caffeine, or other chemical products whereby the identity and character of the original material is entirely destroyed or changed and that the bonds shall be subject to the approval only of the collector of customs at the port of entry.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87–456.
Short Title
Act July 12, 1943, ch. 221, title II, 57 Stat. 499, provided in part that act Mar. 2, 1897, which is classified generally to this chapter, may be cited as the “Tea Importation Act”.
Transfer of Functions
Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Food and Drug Administration in Department of Agriculture and its functions, except those functions relating to administration of Insecticide Act of 1910 and Naval Stores Act, transferred to Federal Security Agency, to be administered under direction and supervision of Federal Security Administrator, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5.
The powers and duties of Secretary of the Treasury under this section were conferred upon Secretary of Agriculture by act May 31, 1920.