[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR46.208]

[Page 973]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 46_MISCELLANEOUS REGULATIONS RELATING TO TOBACCO PRODUCTS AND 
CIGARETTE PAPERS AND TUBES--Table of Contents
 
  Subpart I_Floor Stocks Tax on Cigarettes Held for Sale on January 1, 
                       2000 and on January 1, 2002
 
Sec. 46.208  Guidelines to determine title of cigarettes in transit.

    You may use the following guidelines to establish who holds title to 
cigarettes in transit.
    (a) If State law mandates the change in title, then no agreement or 
contract between seller and buyer can alter it.
    (b) In the absence of State law governing the change of title 
between seller and buyer, the Uniform Commercial Code allows the seller 
and buyer to agree when title passes.
    (c) If there is no State law or agreement between the seller and 
buyer, the Uniform Commercial Code states that title transfer depends on 
how the seller ships the cigarettes.
    (1) Freight on board (F.O.B.) destination. The title transfer occurs 
when the seller completes the performance of the physical delivery of 
the cigarettes.
    (2) Freight on board (F.O.B.) shipping point. The title transfer 
occurs when the seller transfers the title at the time and place of 
shipment, which is generally by common carrier.