AGO bans 11 imported cigarette brands

Over 10 previously legal cigarette brands from the Philippines, China, and Luxembourg are now banned in the Commonwealth, after the Attorney General’s Office adopted emergency regulations declaring them contraband.

The regulations implement an immediate ban on the importation of the cigarette brands. However, retailers or consumers who currently have the banned brands in their possession will not be penalized, as long as the items are disposed of according to a schedule provided by the AGO.

Manufacturers and brands affected by the regulations are the following:

• China-based China Hong Ta Group, maker of the Ashima and Hong Ta Shan brands;

• Philippine-based Fortune Tobacco Corp., maker of the Hope Luxury brand;

• Luxembourg-based Heintz Van Landewyck, maker of the Saipan Map Collection, Saipan Surf, Hot Rods, Money to Burn, and Sunset of Saipan brands;

• Hong Kong-based Hong Kong Tobacco Co., maker of Champion brand [but not the Champion Brand produced by Vibo Corporation, doing business as General Tobacco];and

• Philippine-based La Suerte Cigar and Cigarette Factory, maker of the Astro and Cannon brands.

“Any cigarettes not specifically mentioned…may be lawfully [brought to] or sold within the CNMI,” the AGO said.

In a public notice, the AGO said the ban comes as a result of the passage of Public Law 14-10, which rendered it illegal to import, distribute, sell, or possess a number of previously legal cigarette brands within the CNMI.

P.L. 14-10, which took effect last May 28, gave the AGO 90 days to compile a list of non-compliant cigarette brands and to declare them contraband.

The AGO noted that the deadline has already passed. It added that prior to that date, a number of wholesalers in the CNMI had imported large quantities of the non-compliant cigarettes.

“The AGO finds that it would not be in the best interest for these distributors to incur substantial financial loss by requiring them to destroy such cigarettes. Therefore these emergency regulations provide that the existing stock of non-compliant cigarettes may be disposed of through the normal stream of commerce by providing for phased-in enforcement of the applicable [penalties],” acting assistant attorney general Clyde Lemons said in the public notice.

Under the regulations, any wholesale distributor or other party who imports any of the banned cigarettes will be penalized.

However, wholesale distributors have until Dec. 15, 2004 to distribute, transport, or sell their existing stock of banned cigarettes to retailers.

For their part, the retailers have until Jan. 15, 2005 to sell, acquire, hold, own, or possess for sale such cigarettes.

Persons who have any of the banned cigarettes for personal consumption have until Feb. 15, 2005 to dispose of the contraband.

“These emergency regulations…shall remain in effect until such time as the attorney general’s directory of approved brands is published on the AG’s website,” the AGO added.

The emergency regulations appear in the Oct. 26 issue of the Commonwealth Register.