H.R. 8687 — ENDS Chinese Vapes Act of 2026

This section establishes civil penalties for entering, introducing, or attempting to enter or introduce an unauthorized electronic nicotine delivery system into the U.S. customs territory. A person who violates the prohibition is subject to penalties not to exceed $5,000 per unit for fraud, $1,000 per unit for gross negligence, and $500 per unit for negligence; these amounts may be multiplied by up to 2 times for transshipment through a third country to evade duties or laws, by up to 3 times for a second or subsequent violation within a 3-year period, and by up to 5 times when both aggravating factors apply, subject to an overall cap of 1,000 percent of the shipment’s estimated retail value in the United States. Each entry or attempted entry counts as one violation regardless of the number of units, and the procedures of section 592 of the Tariff Act of 1930 govern assessment and review. The new penalties apply to entries after the date of enactment and do not limit other civil, criminal, or administrative remedies.