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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118773
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I want to export (from China) and comercialize in the US and

Customer Question

I want to export (from China) and comercialize in the US and Latin America a vapor atomizer that simulates cigarrete (NON Nicotine), it may very well be a novelty item or very well a device that helps quitting tobbaco use. I have the infrastructure and contracts with the manufaturer and I'm ready to beging receiving shipments. My question is how do we start?
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
There are various things involved here. First, the US Customs regulations for importing goods which are here:

Basically, as long as you are paying import taxes on the goods, you do not need to do anything else.

Next, if you are going to try to even remotely say this may help people quit smoking, you may need permission from the Food and Drug Administration.

You should also have a business entity formed, likely an LLC or a C-corp, this insulates you from personal liability and for this you should hire an attorney to draft the necessary corporate documents, get the tax id number and make all of the appropriate filings. You should also have an attorney or accountant familiar with import tarriffs and duties to keep track and pay the appropriate duties on the items coming into the country.

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Customer: replied 8 years ago.


What do you think of the idea about commercializing the item as a noveltly.?

Expert:  Law Educator, Esq. replied 8 years ago.
As long as you are not marketing it as any type of medical treatment or treatment for smoking cessation, you should be fine. Also, you may want to inquire of the manufacturer regarding your ability to apply for a US Patent and for exclusive distribution rights in the US as part of your deal.