I Think Clam Has Summed it Up Best

**Nuck** · 03-11-2009, 04:32 AM

Excellent links. Thanks.

This is actually encouraging. It appears it really does come down to an issue of packaging and product claims as opposed to a ban on the substance. Even in the instance provided by Lithium, it appears it was specifically that shipment and it's labeling that was the issue.

What is even more encouraging is that no mention was made of the juice.

I do believe we will have a fight on our hands in the not too distant future, but I'm starting to get the feeling that, for the moment, the FDA just doesn't have the authority to stop it.

**TribbleTrouble** · 03-11-2009, 04:42 AM

Originally Posted by Nuck

Excellent links. Thanks.

This is actually encouraging. It appears it really does come down to an issue of packaging and product claims as opposed to a ban on the substance. Even in the instance provided by Lithium, it appears it was specifically that shipment and it's labeling that was the issue.

What is even more encouraging is that no mention was made of the juice.

I do believe we will have a fight on our hands in the not too distant future, but I'm starting to get the feeling that, for the moment, the FDA just doesn't have the authority to stop it.

The keys for our devices (IMO) is to fix that wording (i.e. The name, avoiding any claims about anything) as well as separating the liquid from the device so that we may keep the devices while the Commercial E-Liquid manufacturers iron out the issues with the FDA. It seems simple to me, but I already know that things are not always as simple as I might, at first, think they are. I don't know, I just don't want to lose my device, Period!

**Tolken** · 03-11-2009, 04:42 AM

I just saw the episode of Intervention where there is a girl addicted to inhaling Aerosol Dusting Can's. Now I'm concerned the FDA might ban them too and I won't be able to buy them to clean my atomizers. My laptop is not happy either

**HK45** · 03-11-2009, 04:49 AM

This is the response from the reporter that wrote the article we are all talking about, after I emailed him:

"thanks,

i had a little trouble with serena's logic, too.

one other irony: the FDA is not allowed to regulate
cigarettes, but is allowed to regulate e-cigarettes."

Ken McLaughlin
San Jose Mercury News
Immigration and Asian Affairs Reporter

Phone: (408) 920-5552
E-mail: kmclaughlin@mercurynews.com

**Nuck** · 03-11-2009, 04:57 AM

Originally Posted by TribbleTrouble

TI just don't want to lose my device, Period!

No sh.t man. These simple little devices are unbelievable. I'd be a sad sad panda if someone tried to take mine away.

**mawic5150** · 03-11-2009, 05:05 AM

Ok Im honestly releaved the FDA is the one taking charge on this. One only has to watch o few minutes of comercials to see all the dangerous drugs the FDA considers safe. If either of the alternative originations (ATF,DEA) took on this we all would be locked in prison for life.

**yvilla** · 03-11-2009, 05:12 AM

NJoy imports their stuff with apparently no problems after getting formal rulings from US Customs as to their tariff classification, and representing their function as "nicotine inhalers". And, they say the liquid is "diluted tobacco liquid". Here is one such letter:

N027755
May 30, 2008
CLA-2-85:OT:RR:E:NC:N1:112
CATEGORY: Classification
TARIFF NO.: 8543.70.9650
Mark H. Weiss, Chairman Sottera, Inc. DBA Njoy 4204 N. Brown Avenue Scottsdale, Arizona 85251
RE: The tariff classification of Njoy Electronic Cigarette and Njoy Electronic Cigar from China
Dear Mr. Weiss:

In your letter dated May 6, 2008, you requested a tariff classification ruling.

The first item concerned is the Njoy Electronic Cigar. The electronic cigar is comprised of a metallic, tube shaped, housing. It incorporates a mouth piece on one end and an LED indicator light on the opposite end. The housing of the cigar is brown in color. Inside the housing is a replaceable ingredient/nicotine cartridge, rechargeable battery and a vaporization chamber. In use, the user would unscrew the indicator light at the end of the device and insert a rechargeable battery. At the opposite end of the device, the user would insert their choice of high, medium or low density nicotine cartridge. The electronic cigar operates using a 3.7 volt rechargeable lithium battery.

The second item concerned is the Njoy Electronic Cigarette. The electronic cigarette is comprised of a metallic, tube shaped, housing. It incorporates a mouth piece on one end and an LED indicator light on the opposite end. The cigarette is available in either a black or burgundy color. Inside the tube is a replaceable ingredient/nicotine cartridge, rechargeable battery and a vaporization chamber. In use, the user would unscrew the indicator light at the end of the device and insert a rechargeable battery. At the opposite end of the device, the user would insert their choice of high, medium or low density nicotine cartridge. The electronic cigarette operates using a 3.6 volt rechargeable lithium battery.

The purpose of the Njoy Electronic Cigar and Njoy Electronic Cigarette is to act as a nicotine inhaler. Both products heat and atomize the diluted tobacco liquid so that its flavor/vapor can be inhaled through the mouth piece.

You state that these two items will be marketed and packaged as follows:

1. The electronic cigar with two rechargeable 3.7 volt batteries and two refill cartridges.

2. The electronic cigarette with two rechargeable 3.6 volt batteries and a five pack of refill cartridges.

The applicable subheadings for the Njoy Electronic Cigarette and the Njoy Electronic Cigar will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical…apparatus, having individual functions, not specified or included elsewhere…: Other…apparatus: Other: Other: Other: Other". The rate of duty will be 2.6%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Steve Pollichino at 646-733-3008.

Sincerely,
Robert B. Swierupski
Director,
National Commodity Specialist Division

And a more recent ruling obtained by another company also importing "nicotine inhalers":

N046855
January 8, 2009
CLA-2-85:OT:RR:NC:N1:112
CATEGORY: Classification
TARIFF NO.: 8543.70.9650
John Andrews PHX Smokeless Cigarettes LLC 402 North 32nd Street Phoenix, Arizonia 85008
RE: The tariff classification of electronic cigarettes from an unspecified country
Dear Mr. Andrews:

In your letter dated December 8, 2008, you requested a tariff classification ruling. The samples that you submitted are being retained by this office.

The merchandise subject to this ruling is the PHX Super Cigarette kit and the PHX Electronic Cigarette kit. The electronic cigarettes included in these kits are comprised of two primary components, a battery tube and an atomizer. The atomizer contains an electronic triggering system that vaporizes a nicotine liquid, which is stored within a replaceable mouth piece. The battery tube, which forms the body of the product, contains a microprocessor, lithium battery, sensor and an indicator light. Both kits contain two battery tubes, one atomizer, 5 replacement nicotine cartridges/mouth pieces, and a battery charger with power cord.
The purpose of the PHX Super Cigarette and the PHX electronic cigarette is to act as a nicotine inhaler. Both products heat and atomize the nicotine liquid so that its flavor/vapor can be inhaled through the mouthpiece.

The applicable subheading for the Super Cigarette kit and the PHX electronic cigarette kit will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical…apparatus, having individual functions, not specified or included elsewhere…: Other machines and apparatus: Other: Other: Other: Other." The general rate of duty will be 2.6%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Steve Pollichino at 646-733-3008.

Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

http://rulings.customs.gov/index.asp...ette&vw=detail

Food for thought?

**HK45** · 03-11-2009, 05:20 AM

Originally Posted by e-pipeman

If e-liquid were to be made illegal it would simply have the effect that such prohibitions tend to have - it would drive the manufacture and sale of the liquid into the hands of criminals. Then there would be no regulation of any kind with potentially horrific consequences. No-one wants to buy their e-liquid from a "dealer" - who knows what it will be cut with?

Would you like the 36mg Marlboro flavor or our newest juice "Meth-ylated"?

**Lithium1330** · 03-11-2009, 06:22 AM

Originally Posted by yvilla

NJoy imports their stuff with apparently no problems after getting formal rulings from US Customs as to their tariff classification, and representing their function as "nicotine inhalers". And, they say the liquid is "diluted tobacco liquid". Here is one such letter:

N027755
May 30, 2008
CLA-2-85:OT:RR:E:NC:N1:112
CATEGORY: Classification
TARIFF NO.: 8543.70.9650
...

So, with formal ruling and tariff classification, "nicotine inhalers" and "diluted tobacco liquid" can be imported to the US, I have said this before and I say it now: Everything is in the wording and the way things are done, look for example the way "water pipes" CAN be imported and don't be considered "drug paraphernalia":

CROSS Customs Rulings Online Search System