Detailed Rules on Price Management of E-cigarettes Involved in Cases

Article 1 To standardize and strengthen the price management of e-cigarettes involved in cases, these Rules are hereby formulated in accordance with the Law of the People's Republic of China on Tobacco Monopoly, the Detailed Rules for the Implementation of the Law of the People's Republic of China on Tobacco Monopoly, the E-cigarette Control Measures (STMA Announcement [2022] No. 1 ) and other laws, regulations, rules, and normative documents.

Article 2 These Rules are applicable to price management activities such as issuing prices of e-cigarette products, nicotine and vaporizers for e-cigarettes, etc. sized by tobacco monopoly administrative departments at all levels or other competent authorities according to the law within the territory of the People's Republic of China.

Article 3 The competent department for price management of the State Tobacco Monopoly Administration is responsible for formulating the price policy of e-cigarettes involved in cases nationwide, and shall supervise and manage the price of e-cigarettes involved in cases. Each provincial tobacco monopoly administrative department shall set up a management team on the price of e-cigarettes involved in cases led by the price management department and participated by departments involving affairs such as e-cigarette management, planning, monopoly, sales, finance, and regulations, clarify the authority and responsibilities of these departments, and be responsible for the price management of e-cigarettes involved in cases in the province (autonomous region, municipality).

Article 4 If it is impossible to find out the actual sales or purchase price of the e-cigarette involved in cases during the investigation and handling of the case, the relevant provincial tobacco monopoly administrative department shall issue the price according to the requirements of these Rules.

Article 5 Issuance of retail prices of e-cigarette products involved in cases:

(I) For products whose brand and model can be identified and sold in China on the e-cigarette trading management platform, the prices shall be issued by the provincial tobacco monopoly administrative department in the place of seizure according to the suggested retail price of the product at the time of seizure.

(II) For products whose brand can be identified and the brand is sold in China on the e-cigarette trading management platform, but the certain product model cannot be identified or the model is not sold in China on that platform, the prices shall be issued by the provincial tobacco monopoly administrative department in the place of seizure according to the national average suggested retail price of the brand in the previous year at the time of seizure.

(III) In other cases, the prices shall be issued by the provincial tobacco monopoly administrative department in the seizure place according to the national average suggested retail price of e-cigarette products in the previous year at the time of seizure.

Article 6 The "average suggested retail price" referred to in Paragraphs 2 and 3 of Article 5 shall be calculated on a sales-weighted basis for each of the three types of cartridges, smoking devices and disposable e-cigarettes; for the combination of cartridges and smoking devices in one packaging unit, the "average suggested retail price" shall be calculated according to the actual number of the cartridges and smoking devices.

Article 7 The price of nicotine and vaporizer for e-cigarettes involved in cases shall be issued by the provincial tobacco monopoly administrative department in the seizure place according to the average transaction price (weighted by sales volume) of nicotine and atomizer for e-cigarettes nationwide in the previous year at the time of seizure.

Article 8 The State Tobacco Monopoly Administration shall establish relevant data statistics and inquiry modules on the e-cigarette trading management platform, which shall be used by provincial tobacco monopoly administrative departments as the basis for calculating and issuing prices for various products.

Article 9 For tobacco monopoly commodities such as tobacco leaves (including reconstituted tobacco leaves and tobacco stems), flue-cured tobacco leaves and cut tobacco (including tobacco in cuts, dust, and granule) involved in cases, the price issuance and purchase and sales price calculation shall be implemented in accordance with the relevant provisions of the  Regulation on the Implementation of the Law of the People's Republic of China on Tobacco Monopoly, Interpretation of the Supreme People's Court and the Supreme People's Procuratorate of Several Issues on the Specific Application of Law in the Handling of Criminal Cases about Illegal Production and Sale of Tobacco Monopoly Commodities and Other Offences (FS [2010] No. 7) and Provisions on the Price Management of Tobacco Products Involved in Cases (GYJ [2021] No. 93).

Article 10 The price management of other new tobacco products involved in cases shall be implemented with reference to these Rules.

Article 11 These Rules shall be interpreted by the State Tobacco Monopoly Administration.

Article 12 These Rules shall come into force as of the date of issuance.