Chapter 24's Subheading Note 1 specifically defines water pipe tobacco by its intended use in a water pipe and its characteristic preparation — typically tobacco mixed with glycerin, molasses, or similar humectants and often flavored. This compositional and functional distinction warrants its own subheading (240311) separate from other smoking tobacco (240319), and the classification applies regardless of whether the product is labeled 'hookah,' 'shisha,' or another trade name.

As a deemed tobacco product, water pipe tobacco must comply with FDA's premarket authorization pathway (Premarket Tobacco Product Application or Substantial Equivalence), ingredient and harmful constituent reporting, and required warning statements on packaging and advertising. Products that were not commercially marketed in the US before the applicable predicate date may require a PMTA before they can be legally sold. Importers should confirm their product's regulatory status with FDA or qualified regulatory counsel prior to entry.