Prohibition of Import and Export of E-cigarettes, E-Cigarette Devices and their Parts – Customs Dept Instruction to Jurisdictional Officers for Strict Implementation of Ban

[CBIC Circular No. 35 dated 1^st October 2019]

Sub: Amendment in Import and Export Policy of electronic cigarettes.

Kind attention is invited to the Notification No. 20/2015-2020 dated 26.09.2019 and Notification No. 22/2015-20 dated 30.09.2019 issued by the Directorate General of Foreign Trade, Department of Commerce, Ministry of Commerce & Industry (copies enclosed) .

2. Considering the adverse health impact of e-Cigarettes/ENDS and in order to prevent the initiation of nicotine through e-Cigarettes by non-smokers and youth, with special attention to vulnerable groups, the Directorate General of Foreign Trade, Department of Commerce, Ministry of Commerce & Industry has issued the aforesaid Notifications to ensure that Import and Export of e-Cigarettes or any parts or components thereof such as refill pods, atomisers, cartridges etc. including all forms of Electronic Nicotine Delivery Systems (ENDS), Heat not burn products, e-hookah and the like devices, by whatever name and shape, size or form it may have, but docs not include any product licensed under the Drugs and Cosmetics Act, 1940 under ITC HS Code: 8543 is prohibited in accordance with the Prohibition of Electronic Cigarettes(Prohibition, Manufacture, Import, Export, Transport, Sale Distribution, Storage and Advertisement) Ordinance, 2019.

3. In view of the above, it is requested that all the officers under your jurisdiction may be directed to ensure strict implementation of the aforesaid notifications so that any attempts of Import/ Export of such goods can be effectively prevented.

E-Cigarettes Import Prohibited

[Notification No. 20/2015-2020 dated 26 September 2019]

Effect of the Notification: Import of electronic cigarettes and parts or components thereof is prohibited.

Subject: Amendment in import policy electronic cigarettes.

S.O. (E): In exercise of powers conferred by Section 3 of FT (D&R) Act, 1992, read with paragraph 1. 02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby incorporates the following import policy for import of electronic - cigarettes under HS Code:8543 and under Para 13 of General Notes regarding Import Policy and as policy condition No. 6 of Chapter 85 of ITC (HS), 2017, Schedule - I (Import Policy):

"Import of electronic cigarettes (e - cigarettes) or any parts or components thereof such as refill pods, atomisers, cartridges etc, including all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e - Hookah and the like devices by whatever name and shape, size or form it may have, but does not include any product licenced under the Drugs and Cosmetics Act, 1940, under HS Code: 8543 is Prohibited in accordance with the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Exports, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019.

(F.No. Man - 6872/AM01/PC-2 (A)- P-12364)

Note: The principal notification No. 36/2015-2020, dated the 17th January, 2017 was published in the Gazette of India, Extraordinary vide number S.O. 172 (E), dated the 17th January, 2017.

Export of E-Cigarette Devices and their Parts Banned

[DGFT Notification No. 22 dated 30^th September 2019]

Effect of this Notification: Export of Electronic Cigarettes and Parts or Components thereof is prohibited.

Subject: Amendment in Export Policy of Electronic Cigarettes

In exercise of the powers conferred by Section 3 of FT (D&R) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby incorporates Chapter 85 in ITC (HS} Export Policy, 2018.

2. Export of Electronic Cigarettes (E - Cigarettes) including all forms of Electronic Nicotine Delivery Systems, Heat not burn products, e-hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but not including any product licensed under the Drugs and Cosmetics Act, 1940 or any parts or components thereof such as refill pods, atomisers, cartridges etc under Chapter 85 ITC (HS) code 8543 is prohibited in accordance with the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement} Ordinance 2019.