CLA-2-29:OT:RR:NC:N3:140
Mr. Sean Schofield
True Horizon LLC
1942 Broadway St., STE 314C
Boulder, CO 80302
RE: The tariff classification of bulk Cannabidiol Oil (CAS # 13956-29-1) from Colombia
Dear Mr. Schofield:
In your letter dated September 21, 2019, you requested a tariff classification ruling.
The subject product is stated to be bulk Cannabidiol Oil (CAS # 13956-29-1) from Colombia. You indicate that it is to be imported in a “wholesale volume.” The industrial Hemp extract oil is stated to be destined only for commercial use in the United States. All hemp is grown in the country of Colombia under the Ministry of Health (MinSalud) and Ministry of Justice's (MinJusticia) legal pilot programs. Extraction and processing is performed in Colombia. Datasheets provided show the product to contain 95.24 percent Cannabidiol with some smaller amounts of other cannabinoid impurities present. Total cannabinoid content is over 98 percent.
The oil will be used in a variety of what you indicate to be “legal hemp products” including oil tinctures, creams and cosmetic products. You state that the oil is designated for business to business use only.
The applicable subheading for the Cannabidiol Oil (CAS # 13956-29-1) will be 2907.29.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Polyphenols; phenol-alcohols: Other.” The rate of duty will be 5.5 percent ad valorem.
Articles classifiable under subheading 2907.29.9000, HTSUS, which are products of Colombia, may be entitled to duty-free treatment under the United States - Colombia Trade Promotion Agreement Implementation Act (CO) upon compliance with all applicable regulations. The CO is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on CO, check our Web site at www.cbp.gov and search for the term "CO".
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at (202) 554-1404, by e-mailing to [email protected], or by visiting their website at www.epa.gov.
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.
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 Paul Hodgkiss at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division