thanks for broadening the topic bones. the issue of trade is important because, if i understand the issue at all, prohibiting the import of ecigs, and most especially ejuice, may ultimately have to be argued according to whatever process devised at the world trade organization (wto).
because china supplies the major percentage of personal vapor supplies, an argument couldn't be raised concerning market discrimination based on the most favored nation concept. china just happened to see another opportunity, and because it has the capacity to quickly fill this niche, it did so. as it is now, any company located pretty much anywhere in the world could do the same if its capable of doing so.
i raise the discrimination issue because its important from the standpoint of global trade. according to the wto, discrimination occurs in two ways. first, is the issue related to most favored nation. let's say that china's market saturation of ecig products in this country was based merely on an agreement between our country and theirs giving some sort of exclusivity. if other countries had similar products they wanted to export to the u.s. (or china for that fact) but couldn't because of this exclusive agreement, regulations guiding free trade would view this as discriminatory.
the second type of discrimination would be a form of protectionism. let's say all of those mods made by all of you great tinkerers and wonderful people (from the bottom of my heart i truly thank you
) were what actually comprised the commercial market in this country and the government didn't allow china access to our burgeoning market, this would also be viewed as discriminatory.
one important point here is that the united states, by agreeing to the terms of regulated free trade, lost the autonomy to make decisions prohibiting the import of goods, and services. for any country to prohibit the free flow of goods and services it has to be consistent with the regulatory policies agreed upon through the wto. in other words, if it's allowed to be made here, it has to be allowed to come into this country from somewhere else.
but there is an exception, in that any country can prohibit the importation of goods, and that, of course, is based on health related reasons, as follows:
"Article 20 of the General Agreement on Tariffs and Trade (GATT) allows governments to act on trade in order to protect human, animal or plant life or health, provided they do not discriminate or use this as disguised protectionism."
so, the us can very well not allow ecigs, and most especially ejuice, from entering the country. yet, continuing to read up on the issue you will find that the prohibition must be based on science. so of course this is where the fda comes in, eh? but various questions could be asked such as, if us scientists determine the ecig method of nicotine delivery to be unhealthy will this be accepted by the world community? or will this raise even more issues? how about this one, would it even be important?
it also raises an interesting scenario where the us makes some sort of side agreement with china saying that if they stop importing ecigs, and juice, then we'll allow them to import more toys covered in led-based paint, or something to that effect.
so, i agree with bones. the issue of ecigs, and again ejuice, is actually part of a much larger issue. i know this sounds kind of conspiratorial, but if its in the governments line of sight to do away with ecigs, then they'll no doubt manipulate the environment to do so, let's hope this isn't the case.
