Authors:Feng Xiaopeng,Ma Cong and Li Siran
In recent years, the domestic cigar market in China has developed rapidly, with a growing demand for imported cigars among consumers. The tobacco industry has also increasingly emphasized the cigar category. The China National Tobacco Corporation once proposed to “focus on mid-to-high-end cigars as the leading product and low-end cigars as the foundation, providing strong support for the construction of a modern tobacco economic system and promoting high-quality development in the industry”. However, alongside the prosperity of the cigar market and the imbalance between supply and demand, smuggling activities have emerged. Particularly in recent years, cigar smuggling has become increasingly rampant. In just the first half of 2024, dozens of cigar smuggling cases have been uncovered in Beijing, Shanghai, Nanjing, Guangzhou, and other cities, with hundreds of thousands of smuggled cigars seized, involving over one hundred million yuan. Cigar smuggling has become a prominent issue. Why have cigars become a major target for smuggling? What are the common methods of smuggling cigars? Should cigars be classified as “goods” or “items”? What issues arise in the resale of smuggled cigars? This article will examine and analyze the legal issues surrounding cigar import smuggling based on recent judicial cases and our practical experience in handling such cases.