###### Editorial Note on [Part 40](/current/title-27/part-40?toc=1)

#### Editorial Note:

Nomenclature changes to part 40 appear by T.D. ATF-460, [66 FR 39094-39096](https://www.federalregister.gov/citation/66-FR-39094), July 27, 2001; T.D. ATF-464, [66 FR 43479](https://www.federalregister.gov/citation/66-FR-43479), Aug. 20, 2001; and T.D. TTB-91, [76 FR 5479](https://www.federalregister.gov/citation/76-FR-5479), Feb. 1, 2011.

#### § 40.25a Pipe tobacco and roll-your-own tobacco tax rates and classification.

(a) *Tax rates.* Pipe tobacco and roll-your-own tobacco are taxed at the following rates under [26 U.S.C. 5701(f)](https://www.govinfo.gov/link/uscode/26/5701) and [(g)](https://www.govinfo.gov/link/uscode/26/5701), respectively:

| Product | Tax rate per pound\* for removals during the following periods: | |
| --- | --- | --- |
| 2002 to March 31, 2009 | April 1, 2009 and after |
| Pipe tobacco | $ 1.0969 | $ 2.8311 |
| Roll-your-own tobacco | $ 1.0969 | $ 24.78 |
| | | |
| --- | --- | --- |
| \* Prorate tax for fractions of a pound. | | |

(b) *Classification.*

(1) Pipe tobacco and roll-your-own tobacco, before removal subject to tax, must be put up in packages that conform to the requirements of [§§ 40.211](/on/2024-08-30/title-27/section-40.211) and [40.212](/on/2024-08-30/title-27/section-40.212), and of [§ 40.216a](/on/2024-08-30/title-27/section-40.216a) or [§ 40.216b](/on/2024-08-30/title-27/section-40.216b) as appropriate.

(2) Any tobacco that has been processed and that is removed in a package, as that term is defined in [§ 40.11](/on/2024-08-30/title-27/section-40.11), that does not bear the notice for smokeless tobacco prescribed in [§ 40.216](/on/2024-08-30/title-27/section-40.216) or the notice for pipe tobacco prescribed in [§ 40.216a](/on/2024-08-30/title-27/section-40.216a) is deemed to be roll-your-own tobacco and subject to tax at the rate applicable to roll-your-own tobacco. A container of processed tobacco, the contents of which weigh 10 pounds or less (including any added non-tobacco ingredients or constituents), that is removed within the meaning of this part for any purpose other than destruction, export, delivery as a sample to a manufacturer of processed tobacco or tobacco products for the purpose of soliciting orders of processed tobacco, or scientific testing or testing of equipment which results in the destruction of the processed tobacco or the return of the processed tobacco to the factory premises, is deemed to be a package offered for sale or delivery to the ultimate consumer.

(3) Subject to [paragraph (b)(4)](/on/2024-08-30/title-27/section-40.25a#p-40.25a(b)(4)) of this section, any tobacco that has been processed and that is removed in a package, as that term is defined in [§ 40.11](/on/2024-08-30/title-27/section-40.11), is deemed to be roll-your-own tobacco and subject to tax at the rate applicable to roll-your-own tobacco, even though the package bears the notice required for pipe tobacco under [§ 40.216a](/on/2024-08-30/title-27/section-40.216a), if:

(i) The package does not bear the declaration “pipe tobacco” in direct conjunction with, parallel to, and in substantially the same conspicuousness of type and background as the brand name each time the brand name appears on the package; or

(ii) The package or accompanying materials bear any representation that would suggest a use other than as pipe tobacco. ([26 U.S.C. 5702](https://www.govinfo.gov/link/uscode/26/5702) and [5723](https://www.govinfo.gov/link/uscode/26/5723)) The term 'accompanying materials' includes, but is not limited to, any point of sale advertising or other printed product communications issued by the manufacturer or importer of pipe tobacco products. In addition, the inclusion of cigarette papers or tubes in a package bearing a 'pipe tobacco' declaration will suggest a use other than pipe tobacco.

(4) During the period from June 22, 2009, through March 23, 2010, manufacturers may continue to remove products as pipe tobacco in packages that do not bear the declaration “pipe tobacco” in the manner prescribed in [paragraph (b)(3)(i)](/on/2024-08-30/title-27/section-40.25a#p-40.25a(b)(3)(i)) of this section.

[T.D. TTB-75, [74 FR 14482](https://www.federalregister.gov/citation/74-FR-14482), Mar. 31, 2009, as amended by T.D. TTB-78, [74 FR 29408](https://www.federalregister.gov/citation/74-FR-29408), June 22, 2009; T.D. TTB-81, [74 FR 48653](https://www.federalregister.gov/citation/74-FR-48653), Sept. 24, 2009; T.D. TTB-104, [77 FR 37302](https://www.federalregister.gov/citation/77-FR-37302), June 21, 2012]