PACT: A most regrettable liaison

[Zanaspus]

Well, if nothing else, we'll still have Northerner and Getsnus as they plan full compliance. Snuff may be a different animal. :cry:

[BadAxe]

Well, if nothing else, we'll still have Northerner and Getsnus as they plan full compliance. Snuff may be a different animal. :cry:

Full compliance means nothing if its not allowed to be delivered to or within the US. Full compliance would mean stop selling it in the US or open up B&M stores.

[Snusdog]

Well, if nothing else, we'll still have Northerner and Getsnus as they plan full compliance. Snuff may be a different animal. :cry:

Full compliance means nothing if its not allowed to be delivered to or within the US. Full compliance would mean stop selling it in the US or open up B&M stores.

Compliant private carriers (e.g. UPS) are still allowed to ship it. It's just the USPS that is in question here

[vodkaniac]

The reason that USPS will no longer be allowed to deliver tobacco products is because: Internet sellers can overcome state efforts to block common carrier deliveries of their tobacco by shifting to using the U.S. mails (which the states cannot regulate or restrict). In other words, the state can tell FedEx/UPS what to do, but not the post office.

[stubby2]

From what I have read Northerner, who does carry a good selection of snuff, will only sell products that have been registered with the FDA. That kicks in on June 22. If this plays out all the overseas snuff will be off limits unless they comply.

I'm still thinking someone could make a killing in the snuff market if they went ahead and registered there products. If Toque or WoS, or whomever just registered their top sellers they would have the legal USA market to themselves. They are certainly approaching the whole thing very differently then SM and company. I can't say I agree with their approach.

[sgreger1]

This is insane, this is literally starting to sound more and more like a defacto prohibition effort every day.

You know what, I hope they all shut down and it's restricted only to B&M stores. That way, I can drive up to wherever the closest B&M store is, crack a deal with them where they order snus to the store and I distribute it via my internet network, and we'll just start mailing it from person to person and do business via PM's. If it's a black market they want, it's a blakc market theyll get.

[RedMacGregor]

This is insane, this is literally starting to sound more and more like a defacto prohibition effort every day.

i didn't think there was any doubt to the contrary.

[Darwin]

Snusdog you 'da man. I believe your use of the word "exegesis" is not only correct but possibly a first for this forum. Linguistic bravery indeed. Oh yeah the substance of the reply, whether exegetical or opaque, severely sucks.

[justintempler]

Snusdog you 'da man. I believe your use of the word "exegesis" is not only correct but possibly a first for this forum. Linguistic bravery indeed. Oh yeah the substance of the reply, whether exegetical or opaque, severely sucks.

What's next courses in metaphysics and epistemology?

Snusdog is one very smart dog 8) ....The Tao of Snusdog :?:

[Snusdog]

Snusdog is one very smart dog 8)

Yea……… not to hear Mrs. Dog tell it :evil:


But thanks guys……….……….your adjectival kindness exceeds your ostensive referential


dog 8)

.

[texasmade]

not the best news, but also not a definite.


i also read this with the voice of tom hanks from the ladykillers in my head

[Toque Snuff]

Unfortunately the opposite is true.

If we register our snuff in the USA it will restrict our freedom to ship to customers in the USA. As a non-registered snuff company we are free to sell all over the states unrestricted. USPS and the US govt would be breaking international law if they refused to carry the legal mail of another country. The USA as major signatories and founding members of the Bern Agreement would be breach the fundamental law of the UPC that they helped create.

[justintempler]

Unfortunately the opposite is true.

If we register our snuff in the USA it will restrict our freedom to ship to customers in the USA. As a non-registered snuff company we are free to sell all over the states unrestricted. USPS and the US govt would be breaking international law if they refused to carry the legal mail of another country. The USA as major signatories and founding members of the Bern Agreement would be breach the fundamental law of the UPC that they helped create.

You are going to have to explain something to me. :roll:

Here's a 1421 page pdf from the Universal Postal Union full of restrictions of what is and what is not allowed by country. Some items are allowed but only if they meet certain conditions.

http://www.upu.int/customs/en/country_list_en.pdf

Explain to me where you are getting the "we are free to sell all over the states unrestricted." from.
It's not from the UPU. :?:

These are the current restrictions before PACT:

page 1332

United States of America
Chapter 24 - Tobacco and manufactured substitutes
Articles admitted conditionally
Heading HS Code / 24.01-24.03 See Part II, § 11.

page 1346

Part II, § 11.

Revised information concerning the importation of cigarettes into the United States of America The importation of cigarettes into the United States of America for personal use is generally prohibited, and imported cigarettes may be subject to forfeiture and destruction under the laws of the United States. Cigarettes may be imported legally into the United States only if the conditions specified in title 19, section 1681a, of the United States Code are met. The conditions specified in section 1681a include requirements that the importer submit at the time of entry:
– a certificate signed by the manufacturer (or an authorized official of such manufacturer) stating that such manufacturer has submitted to the U.S. Secretary of Health and Human Services lists of ingredients added to the tobacco in the manufacture of the cigarettes;
– a certificate signed by such importer certifying that the packaging of the cigarettes bears the warnings prescribed by law;
– a certificate signed by such importer certifying that it complies with and will continue to comply with a rotation plan approved by the Federal Trade Commission; and
– when the cigarettes bear a United States trademark registered for such cigarettes, a certificate signed by the owner of the trademark registration (or a person authorized to act on behalf of such owner) stating that such owner consents to the importation of the cigarettes into the United States.

There are three exceptions to the obligations set forth above:

The first exception is for a personal-use quantity of cigarettes being brought into the United States by a traveller, whether a resident or non-resident of the United States, in quantities that are allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States (generally 200 cigarettes). The cigarettes may be imported by the traveller as part of his accompanied baggage upon his arrival in the United States, or, alternatively, the cigarettes may be shipped to the United States for the traveller's account.

The second exception is for cigarettes imported into the United States solely for analysis and in quantities suitable for that purpose. However, to import cigarettes under this exception the importer must certify in a form required by the U.S. Secretary of the Treasury that it is a manufacturer of cigarettes, a federal or state government agency or a university, or is otherwise engaged in bona fide research; that the cigarettes will be used solely for analysis; and that the cigarettes will not be sold in domestic commerce in the United States.

The third exception is for cigarettes intended for non-commercial use, re-export, or repackaging. To import cigarettes under this exception, the importer must certify that the owner of the U.S. trademark registered for the cigarettes has consented to the importation and provide certification by the manufacturer or the export warehouse to which the cigarettes are to be delivered to the effect that it will not distribute the cigarettes into domestic commerce unless, prior to such distribution it has complied with
section 1681a and other applicable federal and state laws.

For specific information on the requirements, see the U.S. Customs and Border Protection website at:

www.cbp.gov.
United States of America
2007 Edition 19

There are also substantial restrictions on the reimportation of cigarettes manufactured in the United States for export. Such cigarettes may be reimported by an arriving traveller or shipped to the United States for the traveller's account, in quantities allowed entry free of tax and duty under subchapter IV of chapter 98 of the Harmonized Tariff Schedule of the United States. Otherwise, such cigarettes may be imported to the United States only by the original manufacturer or an export warehouse operator authorized by the manufacturer to receive them. Those cigarettes may not be sold in the United States or held for sale in the United States unless they are removed from their export packaging and repackaged by the original manufacturer into new packaging that does not contain an export label.

Finally, any person who engages in the business of importing cigarettes must obtain a Tobacco Importer's Permit from the U.S. Secretary of the Treasury and pay excise taxes imposed by title 26, chapter 52, of the United States Code. Permits are administered by the Alcohol and Tobacco Tax and Trade Bureau.

Furthermore, any person who receives tobacco products by mail or commercial delivery service must pay applicable excise tax and duties, unless eligible for an exemption (e.g. personal use by returning traveller).

In addition, any person who sells cigarettes or transfers cigarettes on which no state excise taxes have been paid to anyone in a state other than a distributor licensed by or located in such state must file a monthly report with the tax administrator in the state in which the cigarettes are sold or transferred.

[justintempler]

BTW.. The classifications have been changed
Chapter 24 - Tobacco and manufactured substitutes

24.01 becomes 2401.xx.xx
24.03 becomes 2403.xx.xx

USITC Home > Tata > Hts > Bychapter > By Chapter of HTS :2010-01-01 - Basic, Official Harmonized Tariff Schedule of the United States

and 2010 tarriff schedule for tobacco products is here:
http://www.usitc.gov/publications/do...er/1000C24.pdf

When an individual in the USA orders from overseas and has product shipped to him by USPS, that individual is acting as his own importer. and must get any required federal licenses, permits , or register with the FTC, FDA etc. Under the new legislation there is no mechanism for consumers to get all the neccessary licenses and permits so he can abide by the law.

When that same individual uses a common carrier like UPS, UPS is acting as the individuals import broker. (That's why many times when people get snus from overseas they get an extra bill for brokerage fees when using UPS, but not USPS.)

[BuLLitz]

Snusdog is one very smart dog 8)

Yea……… not to hear Mrs. Dog tell it :evil:


But thanks guys……….……….your adjectival kindness exceeds your ostensive referential


dog 8)

.

{Heavy on the southern drawl]

Truly, Sir, you're a daisy.