For our purposes tobacco is a legal commodity. It's only considered contraband when it's diverted from the legal market to illegal distribution. If individuals are declaring it as they enter the country, it's legal, but when it's diverted from that declaration, then it becomes contraband. Counterfeit is when it's manufactured outside the regular process, and you get consistently different byproducts.
On May 7th, 2008. See this statement in context.