Electronic cigarettes and personal electric vaporizing devices are regulated as tobacco products by FDA's Center for Tobacco Products. Imported articles require premarket authorization (PMTA or substantial equivalence order) before they may be legally marketed in the United States, and CBP coordinates with FDA to hold or refuse shipments that lack authorization. Importers should ensure their products have the appropriate FDA marketing order prior to shipment.

The NESOI subheading is a last resort. Work through the chapter systematically: check whether the apparatus is described by any heading covering its specific function (e.g., transformers, switches, relays, or measuring instruments in their respective headings). Only if no specific heading applies does 854370 become the correct classification. A binding ruling from CBP is advisable for novel apparatus where the principal-function test is unclear.