CSMS 52098499·Operational·June 6, 2022·View on csms.cbp.gov ↗

Transmitting FDA Data for Tobacco Products Containing Non-Tobacco Nicotine

Plain-English explanation

CSMS 52098499 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on June 6, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "Transmitting FDA Data for Tobacco Products Containing Non-Tobacco Nicotine". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS #52098499 - Transmitting FDA Data for Tobacco Products Containing Non-Tobacco Nicotine U.S. Customs and Border Protection sent this bulletin at 06/06/2022 01:03 PM EDT Cargo Systems Messaging Service CSMS #52098499 - Transmitting FDA Data for Tobacco Products Containing Non-Tobacco Nicotine New legislation enacted on March 15 makes clear that the Food and Drug Administration (FDA) regulates tobacco products containing nicotine from any source. As of April 14, 2022, manufacturers, distributors, importers, and retailers of tobacco products containing non-tobacco nicotine (NTN)—that is, nicotine not made or derived from tobacco, such as synthetic nicotine—must ensure compliance with applicable requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act). Manufacturers of NTN products who wish to market their products are required to submit a premarket application and obtain FDA authorization to market their product, or they will be subject to FDA enforcement; the deadline for premarket application submissions for currently marketed NTN products was Saturday, May 14, 2022 Entry lines consisting of tobacco products that contain NTN must be transmitted to FDA for review, when filed electronically, to ensure compliance with the requirements. The filer should use the same product codes as traditional tobacco products when transmitting these products. For assistance with product code identification, the public may also refer to the FDA Product Code Builder . Please send any questions or concerns to the email address for the Product Code Builder Feedback: PCBFeedback@fda.hhs.gov For additional information or for any questions about the implementation of this new law, please contact CTP . Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 52098499?

CSMS 52098499 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Transmitting FDA Data for Tobacco Products Containing Non-Tobacco Nicotine". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 52098499 published?

CBP published CSMS 52098499 on June 6, 2022. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

Learn more

Tandom guides relevant to CBP CSMS messages

Subscribe to and triage CBP CSMS messages

How to subscribe to CBP Cargo Systems Messaging Service and triage the messages that change broker filing behavior, without losing the ones that matter.

Open resource

Real-time alerts when a CSMS message changes a duty rate

Set up alerts when a CBP CSMS message changes a duty rate on an HTS code you depend on. Built for brokers, forwarders, and importer compliance teams.