• Deanna Clark-Esposito

New FDA Class for Imported Vapor and Hookah Tobacco Products: "Subclass-E"

Updated: Nov 30, 2020

As reported to US Customs and Border Protection (CBP) in the customs entry data provided on imported goods, the Food and Drug Administration (FDA) has added a new Center for Tobacco (CTP) product subclass code under industry code 98. Subclass E is to be used for specified "tobacco products" that could not reasonably be considered to have a flavor or be unflavored. The purpose of this change is to facilitate more accurate reporting for the imported articles and more efficient FDA review of such products - namely vapor and hookah products.

The use of Subclass E would be appropriate for, but not limited to, the following:  an empty electronic nicotine delivery system (ENDS) cartridge, an e-cigarette that contains no liquid, a hookah or waterpipe tobacco hose, or a tobacco smoking pipe packaged without any tobacco.

Conversely, tobacco products for which subclass E would not be an appropriate choice include, but are not limited to, the following:  cigarette rolling papers, smokeless tobacco, an e-liquid, or an ENDS packaged with e-liquid.

Information Provided by U.S. Customs and Border Protection.

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