notice Published 2026-03-03

Certain Disposable and Other Closed-System Electronic Nicotine Delivery Systems (Ends) Devices and Components Thereof; Notice of Institution of Investigation

📌 ETDETA brief — importer impact summary (educational)

Brief takeaway: The ITC has opened a Section 337 investigation into imported disposable and closed-system ENDS (vape) devices and components that could lead to exclusion orders barring certain products from entering the U.S.

What changed: According to the notice, the ITC instituted an investigation on a complaint filed by R.J. Reynolds companies alleging unfair acts tied to importation and sale of certain ENDS devices. The notice states the complainants seek a general exclusion order (or alternatively a limited exclusion order) and cease-and-desist orders.

Who's affected: The notice cites certain disposable and other closed-system electronic nicotine delivery systems (ENDS) devices and components thereof. The alleged unfair acts named in the notice include PACT Act violations, state and/or local flavor bans, state directory requirements, and non-compliance with state and/or local excise taxes. Specific HTS codes and countries of origin are not specified in the notice.

What to review:
- Review whether the ENDS devices or components you import may fall within the scope described in the complaint.
- Confirm with your broker whether a general exclusion order could reach your products regardless of the named respondents.
- Check the PACT Act, state directory listings, flavor restrictions, and excise-tax obligations referenced in the notice as they may be relevant.
- Confirm the investigation's current status and any deadlines with counsel, since scope and outcome are not yet determined.

This is general information, not legal advice and not a compliance determination — confirm specifics with a licensed customs broker or trade counsel.

Official notice

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 13, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of R.J. Reynolds Tobacco Company of Winston-Salem, North Carolina; R.J. Reynolds Vapor Company of Winston-Salem, North Carolina; RAI Services Company of Winston-Salem, North Carolina; and Reynolds Marketing Services Company of Winston-Salem, North Carolina. A supplement was filed on February 3, 2026. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States and the sale of certain disposable and other closed-system electronic nicotine delivery systems (ENDS) devices and components thereof by reason of unfair methods of competition and unfair acts based on (1) violations of the Prevent All Cigarette Trafficking Act ("PACT Act"), 15 U.S.C. 375 et seq., (2) violations of state and/or local flavor bans, (3) violations of state directory requirements, and (4) non-compliance with state and/ or local excise taxes, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

Source: Federal Register · International Trade Commission · Read the official notice ↗

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This update is a general educational summary based on public CBP CSMS / Federal Register information. It is not legal advice, customs broker advice, a final classification, duty determination, entry instruction, or compliance determination. Importers should confirm applicability, effective dates, HTSUS/Chapter 99 reporting, rates, refunds, PSC procedures, and filing instructions with their licensed customs broker, trade counsel, and/or CBP.