Product Name, Marketing Shows Intended Use of Water Pipe Is for Marijuana, CBP Says

Imports of a portable water pipe called the “Portibol” are prohibited as drug paraphernalia based on several marketing efforts around the product, CBP said in an April 22 ruling. Crane Worldwide Logistics, on behalf of LDM Hospitality, sought CBP's input on the tariff classification of the product. The company suggested the intended use for the Portibol is for tobacco.

CBP disagreed and said that courts have found items with multiple possible uses can also be considered drug paraphernalia if the likely use by customers is for illegal drugs. “Although you describe the Portibol as intended for use with tobacco products in your classification request, Portibol’s online social media and YouTube presence does not indicate that a legitimate use for the subject water pipe exists within the community for which the Portibol is intended,” CBP said. Among other things, the Portibol Instagram page makes use of “'#weed,' '#marijuana,' '#ganja,' '#cannabis,' and '#bong'” as hashtags and includes a description “suggesting Portibol as an alternative to a 'fancy glass water bong.'”

The name of the product itself also suggests the use of marijuana, CBP said. “'Porti-' refers to the portable, collapsible design of the water pipe; and '-bol' is likely a reference to a water pipe’s or bong’s 'bowl,'” CBP said. “A bowl is where dry flower cannabis is placed in a smoking apparatus.” The agency also said the Portibol is made of plastic materials frequently substituted for glass and used in other “water pipes and bongs sold in the online marketplace.” As a result, the merchandise is prohibited from being imported because it is drug paraphernalia, CBP said.