CLA-2-20:RR:NC:2:228 F83482

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 N. 3rd Street
Pembina, ND 58271

RE: The tariff classification of roasted hemp seed from Canada

Dear Mr. Jerome:

In your letter dated February 7, 2000, on behalf of Hemp Oil Canada, Inc., St. Agathe, Manitoba, Canada, you requested a tariff classification ruling. Your letter was received by this office on February 22, 2000.

The product is described as hemp seeds that have been cleaned and roasted, and sold for use in a variety of human food products, such as coffee, snack foods, baked goods, and the like. The roasting process - heating to temperatures of 225 to 450 degrees Fahrenheit for periods of 6-12 minutes - is said to render the seed non-viable and incapable of germination.

The applicable subheading for the roasted hemp seed will be 2008.19.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other edible parts of plants, otherwise prepared or preserved…nuts, peanuts…and other seeds…other…other…other. The rate of duty will be 17.9 percent ad valorem.

The importation of this merchandise may be subject to additional requirements or restrictions imposed by the United States Food and Drug Administration and/or the United States Department of Agriculture. It is suggested you contact these agencies for more information.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Stanley Hopard at 212-637-7065.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division