CSMS Message: 09-000311

TO: All ABI Filers

SUBJECT: Family Smoking Prevention and Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act (FSPTCA) was enacted into law June 22, 2009. FSPTCA gives FDA regulatory authority over tobacco products. This authority over tobacco products is currently limited to cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco.

Effective Tuesday, September 22, 2009, FDA will begin determining the admissibility of regulated tobacco products. To allow for electronic processing of entries, FDA and CBP have worked together to update the FD Flags for the appropriate tariff codes in HTSUS Chapter 24, which will be effective September 22, 2009. Additionally, FDA Product Codes for tobacco products have been developed and will be available for entry filers to use as of September 22, 2009.

Of particular note to importers is a section of the Act which takes effect Tuesday, September 22, 2009: a ban on all flavored cigarettes (excluding menthol). FDA intends to begin enforcement of this provision on Tuesday, September 22, 2009; when imported or offered for import, flavored cigarette products (excluding menthol-only flavored cigarettes) are subject to refusal of admission into the US. A letter regarding flavored cigarettes, from FDA's Center for Tobacco Products to the regulated industry, can be found at the following internet link:
http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/ucm182186.htm

The following FDA Product codes have been added and will be available from ACS on September 22, 2009.

INDUSTRY 98 - TOBACCO PRODUCTS

NOTE: The product codes under Industry 98 (Tobacco Products) do not use a Subclass or Process Identifier Code (PIC); which are the 4th and 5th characters in the product code. Instead, use a dash (“-“) for these characters.

CLASS A - TOBACCO, BULK FOR FURTHER PROCESSING OR REPACKAGING

98A--01 Cigarette Tobacco, Bulk

98A--02 Tobacco Refuse, Bulk

98A--03 Smokeless Tobacco, Bulk

98A--04 Roll-Your-Own Tobacco, Bulk

98A--99 Tobacco, Not Elsewhere Classified (N.E.C.), Bulk

CLASS B - CIGARETTES

98B--01 Cigarettes, Unflavored

98B--02 Cigarettes, Flavored (Menthol)

98B—03 Cigarettes, Flavored, including kreteks and bidis (other)

98B--04 Cigarette Paper

98B--05 Cigarette Filters

98B--99 Cigarettes, Not Elsewhere Classified (N.E.C.)

CLASS C - SMOKELESS TOBACCO

98C--01 Chewing Tobacco, Loose Leaf

98C--02 Chewing Tobacco, Plug

98C--03 Chewing Tobacco, Twist

98C--04 Snuff, Dry

98C--05 Snuff, Moist

98C--06 Snus

98C--07 Dissolvable Tobacco, Tablets

98C--99 Smokeless Tobacco, Not Elsewhere Classified (N.E.C.)

CLASS D - ROLL YOUR OWN TOBACCO

98D--01 Roll-Your-Own Tobacco, Loose Leaf

98D--02 Roll-Your-Own Tobacco, Kit

98D--03 Roll-Your-Own Paper

98D--04 Roll-Your-Own Filters

98D--99 Roll-Your-Own Materials, Not Elsewhere Classified (N.E.C)

Products identified in CLASS A are those shipments of bulk tobacco requiring further processing prior to marketing to the ultimate consumer.

Products identified in CLASS B, C, and D are those shipments of tobacco products prepared for marketing to the ultimate consumer with either minimal or no further processing required.

Definitions:

Cigarette: A) Any roll of tobacco wrapped in paper or in any substance not containing tobacco, and B) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette.

Roll-Your-Own Tobacco: Any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchase by consumers as tobacco for making cigarettes.

Smokeless Tobacco: Any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity.

Referenced By

CSMS #10-000117