CLA-2-14:OT:RR:NC:N2:231
Mr. Jorge de Tuya
Interport Logistics
12950 NW 25th Street
Miami, FL 33182
RE: The tariff classification of Hemp Biomass from Uruguay
Dear Mr. de Tuya:
In your letter dated July 29, 2019, you requested a tariff classification ruling on behalf of your client, Sovereignport LLC (Houston, TX).
The subject merchandise is Hemp Biomass. According to the pictorial representation of the article submitted, the merchandise under issue is hemp leaves that have undergone shredding, drying, grinding and pelletizing. You state that the principal use of the product is for the extraction of cannabidio (CBD) oil. The Hemp Biomass will be packaged in either 1-kilogram or 5-kilogram vacuum sealed plastic bags.
In your submission, you proposed classification of this article in 5302.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for true hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garneted stock): Other. This office disagrees.
The applicable subheading for the Hemp Biomass will be 1404.90.9090, HTSUS, which provides for “Vegetable products not elsewhere specified or included…Other: Other.” The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
The importation of these goods may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You may contact this agency regarding possible applicable requirements at the following location:
U.S. Department of Agriculture APHIS
Plant Protection and Quarantine Permit Unit
4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990
This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html.
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 Ekeng Manczuk at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division