CSMS# 09-000310 - Family Smoking Prevention and Tobacco Control Act (FSPTCS)

(CBP)

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.